{"id":"tas:sr-2010-061","name":"Proclamation under the Health Practitioner Regulation National Law (Tasmania) Act 2010","slug":"proclamation-under-the-health-practitioner-regulation-national-law-tasmania-act-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"61 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314960,"registerId":"tas-tas:sr-2010-061-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Health Practitioner Regulation National Law (Tasmania) Act 2010","content":"> Proclamation under the Health Practitioner Regulation National Law (Tasmania) Act 2010\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(1)](/view/html/inforce/2026-04-12/act-2010-002#GS2@Gs1@EN) of the [Health Practitioner Regulation National Law (Tasmania) Act 2010](/view/html/inforce/2026-04-12/act-2010-002) fix 1 July 2010 as the day on which the provisions of that Act, other than [sections 9](/view/html/inforce/2026-04-12/act-2010-002#GS9@EN) and [11](/view/html/inforce/2026-04-12/act-2010-002#GS11@EN) , commence.\n\n28 June 2010\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nMICHELLE O'BYRNE\n\nMinister for Health\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 30 June 2010\n\nThis proclamation is administered in the Department of Health and Human Services.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope of the Health Practitioner Regulation National Law (Tasmania) Act 2010; it only fixes the commencement date for most provisions (1 July 2010) while leaving sections 9 and 11 uncommenced (see s 2(1) and the proclaimed exclusions). The practical effect is to activate regulatory duties and administrative responsibilities from that date without altering the Act’s content."},"complexity_factors":["Narrow legal effect: purely a commencement proclamation rather than substantive amendment.","Explicit legal authority referenced (section 2(1)) requiring formal executive action.","Two specified exceptions (sections 9 and 11) that remain uncommenced.","Administrative steps noted: Governor’s proclamation, Gazette notification and departmental administration.","Operational complexity depends on the underlying Act’s content (requires consulting the Act for substantive obligations)."],"plain_english_summary":"This proclamation, made under section 2(1) of the Health Practitioner Regulation National Law (Tasmania) Act 2010, sets 1 July 2010 as the day most of that Act comes into force, except for sections 9 and 11 which remain uncommenced. Mechanically, it causes the Act’s regulatory obligations to begin on that date and assigns administration to the Department of Health and Human Services; it does not change the Act’s text or state reasons for the timing."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation with a narrow, defined purpose: to bring the Health Practitioner Regulation National Law (Tasmania) Act 2010 into force. There is no evidence of scope change from its original intent — it does exactly what a proclamation of this type is designed to do."},"complexity_factors":["The document itself is structurally simple — it is a short proclamation rather than substantive legislation","Complexity arises only from understanding what it activates (the national health practitioner regulation scheme), not from the document's own content","Minimal operative text is visible in the provided extract, limiting detailed analysis","Cross-referencing to the parent Act and the broader national law is needed to fully understand its effect"],"plain_english_summary":"This Proclamation formally brings the Health Practitioner Regulation National Law into force in Tasmania (commencing 30 June 2010), activating the national registration and regulation scheme for doctors, nurses, dentists, pharmacists and other health professionals. It affects practitioners, their employers and patients by replacing older state laws with common national standards and protections."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"A proclamation that has a Table of Amending Instruments (implying amendments exist) but is also described as a single version current from 2010 to date is internally inconsistent in its versioning logic. Either the instrument has been amended (rendering the single-version description misleading) or it has not (rendering the Table of Amending Instruments superfluous). The coexistence of both statements without reconciliation is a minor but genuine logical flaw.","confidence":0.62,"description":"The version is stated as 'current from 30 June 2010 to date' yet the file was last modified 5 July 2017, creating a structural ambiguity: the instrument purports to be a single unchanged version over a 16-year span while simultaneously acknowledging amendment history exists."},{"type":"other","section":"Status Information - Update Policy","severity":"low","reasoning":"If amendments have been made (as implied by the Table of Amending Instruments link) but the file was last modified in 2017, either the 3-working-day update commitment has not been met for any post-2017 amendments, or no amendments occurred after 2017, making the Table of Amending Instruments misleading by its continued prominent reference. Neither explanation is fully satisfactory.","confidence":0.55,"description":"The instrument states legislation is 'usually updated within 3 working days after a change' yet the file was last modified 5 July 2017 despite the access date being 8 April 2026 — a gap of nearly 9 years with no recorded modification, while amendments are acknowledged to exist."},{"type":"impossible_compliance","section":"Document Structure - Entire Instrument","severity":"high","reasoning":"A proclamation that contains no operative provisions cannot be complied with, interpreted, or applied. Regulated persons and courts cannot determine what the proclamation actually proclaims. This renders the instrument as reproduced legally meaningless, regardless of whether the underlying original instrument is valid.","confidence":0.85,"description":"The substantive operative content of the Proclamation — the actual proclamation text declaring a commencement date or other operative effect — is entirely absent from the reproduced document. The instrument consists solely of metadata and navigation elements, meaning the legal instrument as reproduced has no discernible operative effect."}],"contradictions":[{"severity":"medium","section_a":"Table of Amending Instruments (implies amendments exist)","section_b":"Currency of version — 'current from 30 June 2010 to date'","confidence":0.7,"description":"The document simultaneously presents a 'Table of Amending Instruments' (suggesting the instrument has been amended over time) and describes a single unbroken version 'current from 30 June 2010 to date' (suggesting no new version has been produced). These two representations are logically inconsistent: if amendments exist, multiple versions should exist; if only one version exists, no amending instruments should be listed."},{"severity":"low","section_a":"File last modified 5 July 2017","section_b":"Legislation usually updated within 3 working days after a change","confidence":0.52,"description":"The update policy commits to currency within 3 working days of any legislative change, but the file modification date of 5 July 2017 — nearly 9 years before the access date of 8 April 2026 — contradicts this policy if any changes have occurred in that interval. The existence of a Table of Amending Instruments raises the question of whether post-2017 amendments have been incorporated as required."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument performing exactly the function intended — bringing the parent Act into force. It has not expanded beyond its original purpose."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No cross-references to other legislation beyond citation of the parent Act and two section numbers","Standard proclamation format with ceremonial language but minimal legal substance","No conditional logic, exceptions, or substantive rules"],"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 **1 July 2010** as the date when the *Health Practitioner Regulation National Law (Tasmania) Act 2010* starts operating\n- **Excludes two sections** (sections 9 and 11) from starting on that date — those parts of the law began later or through a different process\n\n**Who it affects:**\n- Health practitioners in Tasmania (doctors, nurses, dentists, etc.)\n- The national registration scheme that regulates these professionals across Australia\n\n**Why it matters:**\nWithout this proclamation, the Act would just sit on the shelf unenforceable. This document officially \"switches on\" Tasmania's part of the national health practitioner regulatory system, ensuring health professionals can be registered and regulated under consistent rules across the country."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-health-practitioner-regulation-national-law-tasmania-act-2010","history":"/api/acts/proclamation-under-the-health-practitioner-regulation-national-law-tasmania-act-2010/history","analysis":"/api/acts/proclamation-under-the-health-practitioner-regulation-national-law-tasmania-act-2010/analysis","conflicts":"/api/acts/proclamation-under-the-health-practitioner-regulation-national-law-tasmania-act-2010/conflicts","importantCases":"/api/acts/proclamation-under-the-health-practitioner-regulation-national-law-tasmania-act-2010/important-cases","documents":"/api/acts/proclamation-under-the-health-practitioner-regulation-national-law-tasmania-act-2010/documents"}}