{"id":"tas:sr-2024-097","name":"Proclamation under the Health Complaints Amendment (Code of Conduct) Act 2018","slug":"proclamation-under-the-health-complaints-amendment-code-of-conduct-act-2018","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"97 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174489,"registerId":"tas-sr-2024-097-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Health Complaints Amendment (Code of Conduct) Act 2018","content":"> Proclamation under the Health Complaints Amendment (Code of Conduct) Act 2018\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-2018-019#GS2@EN) [Health Complaints Amendment (Code of Conduct) Act 2018](/view/html/inforce/2026-04-12/act-2018-019) fix 31 December 2024 as the day on which that Act commences.\n\n19 December 2024\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nGUY BARNETT\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 24 December 2024\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or content of the Health Complaints Amendment (Code of Conduct) Act 2018; it solely fixes the commencement date under section 2, bringing the Act into force on 31 December 2024."},"complexity_factors":["Single, discrete legal effect: sets a commencement date rather than changing substantive law.","Relies on and references section 2 of the Health Complaints Amendment (Code of Conduct) Act 2018 for authority.","Formal constitutional and administrative steps recorded (Governor, Executive Council, Minister, Gazette notification, administering department).","No transitional provisions or implementation detail included—practical effects depend on the text of the underlying Act.","Low statutory drafting complexity but timing creates coordination needs for agencies and regulated parties."],"plain_english_summary":"This proclamation fixes 31 December 2024 as the day the Health Complaints Amendment (Code of Conduct) Act 2018 comes into force, making that Act operative from that date. \n\nIt was made by the Governor, with the advice of the Executive Council under section 2 of the Act; the Department of Justice administers the proclamation and it was notified in the Gazette."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While not a logical flaw in the legislation itself, the metadata contains an access date (5 April 2026) that is in the future relative to the apparent current period. This undermines the reliability of the 'currency of version' guarantee, which promises updates within 3 working days, if timestamps cannot be trusted.","confidence":0.6,"description":"The document states it was accessed on '5 April 2026' but the file was last modified on '24 December 2024'. The access date of 5 April 2026 is a future date relative to any realistic drafting of this analysis, raising questions about whether the version currency claim is meaningful when the access timestamp appears to be fabricated or erroneous."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A Proclamation bringing an Act into force has no amendable operative text beyond its single commencement function. The currency-of-version assurance is meaningless when applied to a document incapable of substantive amendment.","confidence":0.65,"description":"The instrument promises legislation is 'usually updated within 3 working days after a change to the legislation' but the document itself is merely a Proclamation (a commencement instrument), not substantive legislation. Applying an update currency guarantee to a document that has no operative provisions capable of amendment is logically vacuous."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version (first instance): 'Version current from 24 December 2024 to date (accessed 5 April 2026 at 11:42)'","section_b":"Status Information - Authorisation: 'File last modified 24 December 2024'","confidence":0.72,"description":"The document claims to be current 'to date' as of access on 5 April 2026, implying it reflects the current state of the law up to that date. However, the file was last modified on 24 December 2024, creating a gap of approximately 15 months during which no updates have been made despite the 3-working-day update promise. This is internally contradictory: the document cannot simultaneously be 'current to date' (April 2026) and unmodified since December 2024."},{"severity":"low","section_a":"Header metadata: 'Version current from 24 December 2024 to date (accessed 5 April 2026 at 11:42)'","section_b":"Status Information block (repeated): 'Version current from 24 December 2024 to date (accessed 5 April 2026 at 11:42)' combined with 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","confidence":0.8,"description":"The entire Status Information block, including headings, subheadings, and body text, is duplicated verbatim multiple times throughout the document. A legislative instrument that reproduces its own authoritative metadata sections in duplicate creates an internal contradiction as to which instance represents the authoritative version, undermining the integrity of the currency and authorisation claims."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation is a narrow, purely administrative instrument with one purpose: to bring legislation into force on a specified date. There is no indication of scope change from the original intent. The Health Complaints Amendment (Code of Conduct) Act 2018 was specifically designed to introduce a Code of Conduct for unregistered health providers, and this Proclamation simply activates that framework as intended."},"complexity_factors":["This is a Proclamation instrument only — it contains almost no substantive legal content of its own","The document as provided is largely metadata and status information, not operative legal text","The underlying Act (Health Complaints Amendment (Code of Conduct) Act 2018) has moderate complexity, but this instrument merely activates it","No amending provisions, schedules, or regulatory detail are present in this document"],"plain_english_summary":"The Proclamation brings the Health Complaints Amendment (Code of Conduct) Act 2018 into force in Tasmania from 24 December 2024. It activates a new Code of Conduct for unregistered health service providers, giving consumers stronger protections and the Health Complaints Commissioner powers to investigate breaches and impose sanctions, including bans on practising."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which serves exactly its original purpose: to bring an Act into force. There is no substantive content that could expand or alter scope."},"complexity_factors":["Single operative provision: fixes one commencement date","No defined terms","No cross-references to substantive law (only cites the enabling Act)","No conditional logic or exceptions","Standard proclamation format — essentially a template document"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that sets the start date for a Tasmanian law about health complaints.\n\n**What it does:**\n- The *Health Complaints Amendment (Code of Conduct) Act 2018* was passed years ago but hadn't started operating yet.\n- This proclamation officially declares that the Act will **begin on 31 December 2024**.\n\n**Why this matters:**\n- Many laws aren't automatic — they need a specific start date announced by the Governor (on the advice of government).\n- This law will introduce a new code of conduct for certain health service providers in Tasmania, giving patients clearer standards and complaint pathways.\n\n**Who made this:**\n- The Governor of Tasmania (B. Baker), acting on advice from the Executive Council (the Premier and senior ministers).\n- Signed off by the Minister for Justice (Guy Barnett)."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-health-complaints-amendment-code-of-conduct-act-2018","history":"/api/acts/proclamation-under-the-health-complaints-amendment-code-of-conduct-act-2018/history","analysis":"/api/acts/proclamation-under-the-health-complaints-amendment-code-of-conduct-act-2018/analysis","conflicts":"/api/acts/proclamation-under-the-health-complaints-amendment-code-of-conduct-act-2018/conflicts","importantCases":"/api/acts/proclamation-under-the-health-complaints-amendment-code-of-conduct-act-2018/important-cases","documents":"/api/acts/proclamation-under-the-health-complaints-amendment-code-of-conduct-act-2018/documents"}}