{"id":"tas:sr-2017-076","name":"Proclamation under the Domestic Violence Orders (National Recognition) Act 2016","slug":"proclamation-under-the-domestic-violence-orders-national-recognition-act-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"76 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186101,"registerId":"tas-tas:sr-2017-076-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Domestic Violence Orders (National Recognition) Act 2016","content":"> Proclamation under the Domestic Violence Orders (National Recognition) Act 2016\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-2016-029#GS2@EN) [Domestic Violence Orders (National Recognition) Act 2016](/view/html/inforce/2026-04-12/act-2016-029) fix 25 November 2017 as the day on which that Act commences.\n\n30 October 2017\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nELISE ARCHER\n\nMinister for Justice\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 November 2017\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"A version cannot simultaneously be 'current to date' (implying no changes) while also having been modified in 2024. Either the version was updated in 2024 (meaning the 2017 version is not current) or the modification date refers to metadata only, which is not made clear and creates ambiguity about what 'current' actually means.","confidence":0.65,"description":"The legislation states it is 'current from 8 November 2017 to date' while simultaneously being accessed on '5 April 2026', yet the file was 'last modified 30 April 2024'. This creates a temporal inconsistency: if the version is current 'to date' (5 April 2026), but was last modified in April 2024, the claim of currency is undermined by the modification record itself."},{"type":"other","section":"Status Information - Update Policy","severity":"low","reasoning":"A publication standard that uses 'usually' creates no enforceable obligation. A person relying on the legislation as current could be acting on outdated law if the publisher falls outside this informal window, yet no disclaimer or caveat about this risk is provided to the reader.","confidence":0.55,"description":"The statement that legislation 'is usually updated within 3 working days after a change' is a qualified promise ('usually') that provides no legal remedy or mechanism if the 3-day window is breached. This renders the statement legally meaningless as a guarantee of currency."},{"type":"other","section":"Title / Header","severity":"medium","reasoning":"Legal instruments derive their authority in part from clear identification. A proclamation with a truncated and duplicated title ('Domesti' rather than 'Domestic') across multiple heading levels introduces ambiguity as to the precise instrument being proclaimed. If challenged, a court could find the instrument insufficiently identified.","confidence":0.6,"description":"The proclamation document contains multiple duplicate and truncated title headings ('Proclamation under the Domesti Proclamation under the Domestic Violence Orders (National Recognition) Act 2016') repeated across multiple heading levels, suggesting a corrupted or malformed document structure. A proclamation with an unclear or duplicated title raises questions about which instrument is actually being given legal effect."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (8 November 2017 to date)","section_b":"Authorisation - File last modified 30 April 2024","confidence":0.7,"description":"The document simultaneously asserts that the version has been current and unchanged since 8 November 2017, while also disclosing that the file was last modified on 30 April 2024. These two statements are in direct tension: if the file was modified in 2024, the version effective from 2017 is not the same document."},{"severity":"medium","section_a":"Status Information - 'Legislation on this site is usually updated within 3 working days'","section_b":"Status Information - 'Version current from 8 November 2017 to date (accessed 5 April 2026)'","confidence":0.72,"description":"The site claims near-real-time currency (3 working days) yet the substantive proclamation content displayed contains no operative provisions whatsoever — only metadata and navigation elements. If the document is truly current, it is currently empty of legal content, which contradicts the implication that a meaningful legal instrument is being published."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument with no substantive scope beyond its original purpose of 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's commencement section)","No conditional logic or exceptions","Standard proclamation format — essentially a template document"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\n- Sets **25 November 2017** as the date when the *Domestic Violence Orders (National Recognition) Act 2016* starts operating in **Tasmania**.\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the state's Executive Council, which is the formal body of senior ministers).\n- Signed by Governor C. Warner and Justice Minister Elise Archer.\n\n**Why it matters:**\n- Before this date, the national domestic violence order recognition scheme didn't apply in Tasmania. From 25 November 2017 onwards, **domestic violence orders made in other Australian states and territories became automatically recognised and enforceable in Tasmania** (and vice versa).\n- This closes a dangerous gap where perpetrators could evade restrictions by crossing state borders.\n\n**Key context:**\n- The *Domestic Violence Orders (National Recognition) Act 2016* is a **Commonwealth law** that creates a national framework, but it only takes effect in each state when that state's government issues a proclamation like this one."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation of this type is a narrow, mechanical instrument — it does not expand or alter the scope of the parent Act. Its sole purpose is to formally bring the Act (or a part of it) into force on a specified date, which is consistent with the original legislative intent of enabling national recognition of domestic violence orders."},"complexity_factors":["The document is a Proclamation — a single administrative instrument with very limited operative content of its own","The actual substantive law sits in the parent Act (Domestic Violence Orders (National Recognition) Act 2016), not this instrument","The full text of the Proclamation is not reproduced, making it impossible to analyse any specific operative clauses","Intergovernmental cooperative scheme adds minor conceptual complexity for lay readers"],"plain_english_summary":"This Proclamation activates Tasmania’s participation in the national scheme that recognises and enforces domestic violence protection orders issued in any Australian state or territory. It means protection orders travel with victims into Tasmania (and can be enforced or breached there), affecting victims, respondents, police, courts and legal practitioners and likely sets the Act’s commencement date."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or content of the Domestic Violence Orders (National Recognition) Act 2016; it simply fixes the Act's commencement date as 25 November 2017 under section 2. It activates the Act in Tasmania from that date and records the decision-maker (Governor with Executive Council advice) and administration by the Department of Justice."},"complexity_factors":["Single, discrete legal action: fixes a commencement date under section 2 of the Act (clear, time-specific effect).","No substantive legislative changes or detailed regulatory measures contained in the proclamation itself.","Formal procedural steps required: Governor's signature, Executive Council advice, and Gazette notification (administrative formalities).","Administrative allocation: the proclamation is administered by the Department of Justice (identifies implementing agency).","Timing sensitivity: the chosen commencement date determines when the Act's obligations and rights begin to operate."],"plain_english_summary":"This proclamation brings the Domestic Violence Orders (National Recognition) Act 2016 into force in Tasmania on 25 November 2017. It was made by the Governor, acting with the advice of the Executive Council, and notified in the Gazette.\n\nMechanically, the sole effect is to fix the Act’s commencement date and activate its legal framework in Tasmania; the Department of Justice administers the proclamation."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-domestic-violence-orders-national-recognition-act-2016","history":"/api/acts/proclamation-under-the-domestic-violence-orders-national-recognition-act-2016/history","analysis":"/api/acts/proclamation-under-the-domestic-violence-orders-national-recognition-act-2016/analysis","conflicts":"/api/acts/proclamation-under-the-domestic-violence-orders-national-recognition-act-2016/conflicts","importantCases":"/api/acts/proclamation-under-the-domestic-violence-orders-national-recognition-act-2016/important-cases","documents":"/api/acts/proclamation-under-the-domestic-violence-orders-national-recognition-act-2016/documents"}}