{"id":"tas:sr-2002-185","name":"Proclamation under the Civil Liability Act 2002","slug":"proclamation-under-the-civil-liability-act-2002","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"185 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318484,"registerId":"tas-tas:sr-2002-185-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Civil Liability Act 2002","content":"> Proclamation under the Civil Liability Act 2002\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-2002-999#) [Civil Liability Act 2002](/view/html/inforce/2026-04-12/act-2002-999) fix 1 January 2003 as the day on which that Act commences.\n\n23 December 2002\n\nG. S. M. GREEN\n\nGovernor\n\nBy His Excellency's Command,\n\nJUDY JACKSON\n\nMinister 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 25 December 2002\n\nThis proclamation is administered in the Department of Justice and Industrial Relations.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation of this type is a standard administrative mechanism to commence legislation. There is no indication of scope change — it appears to fulfil its straightforward purpose of bringing the Civil Liability Act 2002 into force from 25 December 2002, consistent with the original legislative intent."},"complexity_factors":["The document itself contains almost no substantive legal content — it is purely an administrative instrument setting a commencement date","The underlying Civil Liability Act 2002 it activates is moderately complex, but that complexity is not present in this document","Minimal text provided — largely metadata, status information, and formatting repeated multiple times","No operative clauses, schedules, or detailed provisions to analyse"],"plain_english_summary":"This Proclamation declares that the Civil Liability Act 2002 (Tasmania) took effect on 25 December 2002. It activated reforms to how personal injury claims are handled—affecting injured claimants, people and businesses who may be sued for negligence, and their insurers. Its significance is that it brought Tasmania’s post‑2000 civil liability rules into force."},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the Civil Liability Act 2002's substantive scope or content; it simply fixes the Act's commencement date under section 2. No expansion, narrowing, or amendment of coverage or obligations is effected by this instrument."},"complexity_factors":["Single, discrete operative action (fixes a commencement date)","No substantive or regulatory detail included","Clear chain of authority: Governor acting with Executive Council (text references section 2)","Administrative formality: Gazette notification and departmental administration noted","No compliance obligations, fee schedules, or enforcement mechanisms specified"],"plain_english_summary":"This proclamation brings the Civil Liability Act 2002 into force on 1 January 2003.\n\nMade by the Governor with the Executive Council's advice under section 2, it was notified in the Gazette and is administered by the Department of Justice and Industrial Relations. Mechanically, it only fixes the Act's commencement date; it does not itself change substantive rights, obligations, penalties, or fees."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A document that has not been modified since 2018 cannot meaningfully claim currency 'to date' in 2026 unless no amendments have occurred. While not legally fatal, it creates a misleading impression of active maintenance and raises questions about whether the 'usually updated within 3 working days' assurance is operationally meaningful for this instrument.","confidence":0.55,"description":"The document states it is 'current from 25 December 2002 to date (accessed 8 April 2026 at 3:04)' while simultaneously stating 'File last modified 13 August 2018'. This creates a temporal absurdity where a document purportedly current until at least 2026 has not been modified since 2018, raising the question of how currency is determined."},{"type":"impossible_compliance","section":"Document Structure - Entire Document","severity":"high","reasoning":"A proclamation with no operative text cannot fulfill its legal function of bringing the Civil Liability Act 2002 (or specified provisions thereof) into force. Any person or court seeking to rely on this instrument to confirm commencement dates would find it wholly uninformative. If this reflects the actual gazetted instrument, it is legally defective as a commencement proclamation.","confidence":0.82,"description":"The proclamation document contains no operative provisions whatsoever. A Proclamation is a legal instrument designed to bring legislation or provisions into force, yet the entire substantive content is absent. Only administrative metadata is present."},{"type":"other","section":"Status Information - Update policy","severity":"low","reasoning":"While legally this is merely a website disclaimer, it creates a logical absurdity where the currency statement ('current to date') is simultaneously undermined by the admission that updates may not occur within 3 working days - meaning the stated access date currency cannot be verified from the document itself.","confidence":0.45,"description":"The statement that legislation 'is usually updated within 3 working days after a change' is internally qualified by 'usually', yet the same section presents this as a reliability assurance. The hedge renders the assurance meaningless as a guarantee of currency."}],"contradictions":[{"severity":"low","section_a":"Currency of version - 'current from 25 December 2002 to date (accessed 8 April 2026 at 3:04)'","section_b":"Authorisation - 'File last modified 13 August 2018'","confidence":0.6,"description":"The document claims to be current as of 8 April 2026 but the underlying file was last modified on 13 August 2018 - a gap of approximately 7 years and 8 months. If the instrument is genuinely current to 2026, the file should reflect any updates or confirmations of currency post-2018. If nothing has changed, the 'current to date' representation is misleading."},{"severity":"low","section_a":"Table of Amending Instruments - implies amendments may exist (link provided to view amendments)","section_b":"Authorisation - 'File last modified 13 August 2018'","confidence":0.5,"description":"The provision of a live hyperlink to a 'Table of Amendments' implies the possibility of amending instruments, yet the file modification date of 2018 suggests no amendments have been incorporated since that date. If amending instruments exist post-2018, they have not been reflected in the file, contradicting the 3-working-day update assurance."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward commencement instrument performing exactly the function intended — bringing the parent Act into operation on a specified date. No scope creep."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act)","No conditional logic or exceptions","Standard ceremonial language only"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into force.\n\n**What it does:**\n- Sets **1 January 2003** as the date when Tasmania's *Civil Liability Act 2002* officially starts operating.\n- Without this proclamation, the Act would remain on the shelf — passed by Parliament but not yet legally active.\n\n**Who it affects:**\n- Anyone in Tasmania involved in personal injury claims, negligence cases, or civil liability disputes from 1 January 2003 onwards.\n- Lawyers, insurers, and courts who needed certainty about when the new rules applied.\n\n**Why it matters:**\n- The *Civil Liability Act 2002* made major changes to how people can sue for damages (compensation) in Tasmania — including caps on payouts, restrictions on claims for psychiatric injury, and new rules for negligence.\n- This short document is the legal 'switch' that turned those changes on."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-civil-liability-act-2002","history":"/api/acts/proclamation-under-the-civil-liability-act-2002/history","analysis":"/api/acts/proclamation-under-the-civil-liability-act-2002/analysis","conflicts":"/api/acts/proclamation-under-the-civil-liability-act-2002/conflicts","importantCases":"/api/acts/proclamation-under-the-civil-liability-act-2002/important-cases","documents":"/api/acts/proclamation-under-the-civil-liability-act-2002/documents"}}