{"id":"tas:sr-2005-043","name":"Proclamation under the Civil Liability Amendment (Proportionate Liability) Act 2005","slug":"proclamation-under-the-civil-liability-amendment-proportionate-liability-act-2005","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"43 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317818,"registerId":"tas-tas:sr-2005-043-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Civil Liability Amendment (Proportionate Liability) Act 2005","content":"> Proclamation under the Civil Liability Amendment (Proportionate Liability) Act 2005\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-2005-002#GS2@EN) [Civil Liability Amendment (Proportionate Liability) Act 2005](/view/html/inforce/2026-04-12/act-2005-002) fix 1 June 2005 as the day on which that Act commences.\n\n23 May 2005\n\nW. J. E. COX\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 1 June 2005\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument with no substantive scope. It performs exactly the function intended: bringing the parent Act into force on a specified date."},"complexity_factors":["Single operative provision: fixes one 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 June 2005** as the date when the *Civil Liability Amendment (Proportionate Liability) Act 2005* officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is the formal name for the state Cabinet).\n\n**Why it matters:**\n- Laws passed by Parliament don't always take effect immediately. This document is the legal trigger that says \"this law is now active.\" Without this proclamation, the Act would remain dormant even though Parliament passed it.\n\n**Context:**\n- The underlying Act changed how responsibility for damages is shared between multiple parties who are all at fault (called \"proportionate liability\"). Instead of one party paying everything and chasing others for contribution, each party pays only their share of the blame. This proclamation simply flips the switch to make those rules apply from 1 June 2005."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"A document purporting to reflect the law 'to date' (April 2026) but last modified in August 2018 creates a logical tension: either the law has not changed since 2018 (in which case the 'to date' currency claim adds no useful information) or it has changed and the document is not truly current. The dual claim cannot simultaneously be both informative and accurate without further clarification.","confidence":0.55,"description":"The document states it is 'current from 1 June 2005 to date (accessed 8 April 2026 at 2:43)' while simultaneously stating 'File last modified 13 August 2018'. If the file was last modified in 2018, it cannot be genuinely 'current to date' in 2026 without that claim being meaningless or misleading."},{"type":"other","section":"Status Information - Table of Amending Instruments","severity":"low","reasoning":"A commencement Proclamation under the Civil Liability Amendment (Proportionate Liability) Act 2005 serves the sole function of fixing a commencement date. There is nothing in such an instrument that can meaningfully be amended after the fact — the date either occurred or it did not. Providing an amendment table implies ongoing legislative content where none exists.","confidence":0.6,"description":"The document references a 'Table of Amendments' via hyperlink but is itself a Proclamation — a single-use instrument that brings an Act into force on a specified date. Proclamations of this nature typically have no operative provisions capable of amendment, making the existence of a Table of Amending Instruments logically superfluous or indicative of drafting by template without substantive review."},{"type":"other","section":"Document structure - Repeated headings throughout","severity":"low","reasoning":"The Tasmanian legislation website is the official consolidated source. Systematic duplication of every heading means the published instrument is not in a reliable form. While not a logical flaw in the law itself, it undermines the integrity of the authoritative version citizens and courts are expected to rely upon.","confidence":0.85,"description":"Every heading and section in the document is duplicated verbatim (e.g. 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). While likely a rendering/publication error rather than a substantive legal defect, a legislative instrument that cannot coherently present its own metadata raises questions about the reliability of the authoritative published version."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'Version current from 1 June 2005 to date (accessed 8 April 2026 at 2:43)'","section_b":"Authorisation: 'File last modified 13 August 2018'","confidence":0.6,"description":"The document simultaneously claims to be current as of April 2026 and to have last been modified in August 2018, a gap of approximately 7 years and 8 months. These two statements are in tension: if the document is genuinely current to 2026, the modification date should reflect recent updates; if it was truly last touched in 2018, the 'current to date' claim is at best unverified."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive content or scope of the Civil Liability Amendment (Proportionate Liability) Act 2005; it solely declares the Act's commencement date (1 June 2005) pursuant to section 2 and records administrative formalities (signatures, Gazette notice, administering department)."},"complexity_factors":["Single-purpose instrument that only fixes a commencement date (minimal operative content).","Authority created by cross-reference to section 2 of the named Act (requires reading both instruments).","Formal legal formalities present: Governor's proclamation, Minister signatory, Gazette notification.","Practical legal effect depends entirely on the substantive complexity of the underlying Act rather than this proclamation.","Administrative responsibility allocated to the Department of Justice (clear implementation owner)."],"plain_english_summary":"This proclamation fixes 1 June 2005 as the day the Civil Liability Amendment (Proportionate Liability) Act 2005 comes into force under section 2 of that Act. It therefore makes the Act’s legal rules applicable from that date to the persons and entities covered by the Act; the document is a procedural, executive step signed by the Governor, notified in the Gazette, and administered by the Department of Justice."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The scope has not changed. This Proclamation does exactly what a commencement proclamation is designed to do — it activates the parent Act on a specified date (1 June 2005) and has remained unchanged since. No expansion or contraction of its original administrative purpose is evident."},"complexity_factors":["The Proclamation itself has no substantive legal content — it is purely a commencement instrument","Understanding its significance requires knowledge of the parent Act (Civil Liability Amendment (Proportionate Liability) Act 2005) and the underlying concept of proportionate liability","Minimal text is present in the document, leaving context dependent on external legislation"],"plain_english_summary":"This Proclamation simply brings the Civil Liability Amendment (Proportionate Liability) Act 2005 into force in Tasmania on 1 June 2005. It activates a shift from joint-and-several to proportionate liability, so each concurrent wrongdoer pays only their share of loss.\n\nThat change matters to professionals (engineers, accountants, lawyers), businesses, claimants and insurers because it alters how much a plaintiff can recover and how liability and insurance risk are allocated."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-civil-liability-amendment-proportionate-liability-act-2005","history":"/api/acts/proclamation-under-the-civil-liability-amendment-proportionate-liability-act-2005/history","analysis":"/api/acts/proclamation-under-the-civil-liability-amendment-proportionate-liability-act-2005/analysis","conflicts":"/api/acts/proclamation-under-the-civil-liability-amendment-proportionate-liability-act-2005/conflicts","importantCases":"/api/acts/proclamation-under-the-civil-liability-amendment-proportionate-liability-act-2005/important-cases","documents":"/api/acts/proclamation-under-the-civil-liability-amendment-proportionate-liability-act-2005/documents"}}