{"id":"tas:sr-2001-139","name":"Proclamation under the Judicial Review Act 2000","slug":"proclamation-under-the-judicial-review-act-2000","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"139 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318632,"registerId":"tas-tas:sr-2001-139-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Judicial Review Act 2000","content":"> Proclamation under the Judicial Review Act 2000\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-2000-054#GS2@EN) [Judicial Review Act 2000](/view/html/inforce/2026-04-12/act-2000-054) fix 1 December 2001 as the day on which that Act commences.\n\n12 November 2001\n\nG. S. M. Green\n\nGovernor\n\nBy His Excellency's Command,\n\nP. Patmore\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 21 November 2001\n\nThis proclamation is administered in the Department of Justice and Industrial Relations.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation under the Judicial Review Act 2000 that has remained substantively unchanged since at least 2018 yet is described as 'current to date' in 2026 is not strictly a logical flaw in the text itself, but the combination of the update policy statement with the last-modified date creates a minor representational tension: the site promises timeliness yet the instrument demonstrates no updates have been needed or made for at least 8 years.","confidence":0.55,"description":"The version is stated to be 'current from 21 November 2001 to date (accessed 8 April 2026 at 3:09)' while the file is stated to have been 'last modified 13 August 2018'. If the legislation is 'usually updated within 3 working days after a change', but no change has occurred since 2018, the currency statement implies continuous currency for over 24 years without substantive update, raising questions about whether the proclamation serves any ongoing operative purpose."},{"type":"impossible_compliance","section":"Document Structure - Entire instrument","severity":"high","reasoning":"A proclamation devoid of operative clauses cannot fulfil its statutory function under the Judicial Review Act 2000. If this represents the complete instrument as enacted, it is logically impossible for any person or court to comply with, apply, or give effect to it. The instrument references itself by name repeatedly but states no legal effect.","confidence":0.72,"description":"The proclamation as reproduced contains no operative provisions whatsoever. A proclamation is a formal executive instrument intended to bring legislation or provisions into force or to declare a legal state of affairs. An instrument with solely administrative metadata and no operative text is a legal nullity — it proclaims nothing."},{"type":"circular_definition","section":"Status Information - Table of Amending Instruments","severity":"medium","reasoning":"Amendments to an instrument presuppose operative content to amend. The existence of an amendments table for an instrument that appears to contain no operative provisions creates a logical circularity: the amendments table purports to modify content that is not present or accessible in the reproduced instrument.","confidence":0.6,"description":"The instrument invites the reader to 'click to view Table of Amendments' implying amendments exist, yet the file was last modified 13 August 2018 and no substantive content is present in the reproduced text. If amendments have been made to an instrument with no visible operative provisions, it is logically unclear what subject matter those amendments could address."},{"type":"other","section":"Responsible Minister and Department","severity":"medium","reasoning":"Administrative Arrangement Orders change over time. If the responsible Minister changes, the historical accountability for the proclamation becomes obscured. While common in Tasmanian administrative practice, this creates a logical gap: the instrument is permanently and irrevocably made at a point in time, but its attributed authority is rendered perpetually ambulatory.","confidence":0.65,"description":"The instrument directs the reader to 'see the latest Administrative Arrangement Order' to identify the responsible Minister and Department, but provides no fixed attribution within the instrument itself. A proclamation is an exercise of executive power that must be attributable to a specific authorised officer at the time of making. Deferring responsibility identification entirely to an external and variable document creates an indeterminate chain of legal authority."}],"contradictions":[{"severity":"low","section_a":"Currency of version — 'usually updated within 3 working days after a change to the legislation'","section_b":"Authorisation — 'File last modified 13 August 2018'","confidence":0.58,"description":"The currency policy states the site is usually updated within 3 working days of any legislative change, implying the version reflects the current state of the law as of the access date (8 April 2026). However, the file was last modified on 13 August 2018, meaning either: (a) no changes have occurred in approximately 7.5 years (plausible for a proclamation but noteworthy), or (b) changes have occurred but the file has not been updated in breach of the stated policy. These two statements are in potential tension."},{"severity":"high","section_a":"Document title — 'Proclamation under the Judicial Review Act 2000' (stated as operative instrument)","section_b":"Entire reproduced text — contains only metadata, status information, and navigation elements with no operative proclamation text","confidence":0.7,"description":"The instrument is titled and categorised as a legally operative proclamation, yet the entirety of the reproduced content consists of administrative and navigational metadata. This is a direct contradiction between the instrument's stated character and its actual content as reproduced: it purports to be a proclamation but contains nothing that constitutes one."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation is a purely mechanical instrument — its sole purpose is to activate legislation already passed by Parliament. There is no scope to change; it either commences the Act (or part of it) on a specified date or it does not. No expansion or restriction of the original legislative intent is present."},"complexity_factors":["The document itself is extremely short and purely procedural — it simply commences another Act.","The underlying Judicial Review Act 2000 has moderate legal complexity, but that complexity is not present in this Proclamation itself.","No substantive legal rules, definitions, or obligations are contained in the Proclamation.","The document appears to have suffered formatting/rendering issues (duplicated headings, garbled text), making it harder to parse than it should be, though the legal content remains minimal."],"plain_english_summary":"This Proclamation brings the Judicial Review Act 2000 (Tas) into force on 21 November 2001, enabling Tasmanians to have government decisions reviewed by a court. It affects individuals, businesses and public agencies by creating a legal pathway to challenge the lawfulness and fairness of administrative decisions. Its commencement strengthens procedural protections and limits government decision-making power."},"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 force 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's section 2)","No conditional logic or exceptions","Standard proclamation format — essentially a template with blanks filled in"],"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 December 2001** as the date when Tasmania's *Judicial Review Act 2000* officially starts operating.\n\n**Who it affects:**\n- Anyone in Tasmania who wants to challenge government decisions in court (the Act gives people a way to ask courts to review whether government bodies have acted lawfully).\n- Government agencies and courts, who must follow the new procedures from that date.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect immediately. This proclamation is the \"start button\" that makes the *Judicial Review Act 2000* legally active. Without this document, the Act would remain dormant on the statute books."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not change the substance or scope of the Judicial Review Act 2000. It exercises the commencement power in s.2 to fix the Act's operative date (1 December 2001) and records administrative formalities (signatures and Gazette notice)."},"complexity_factors":["Single-purpose commencement instrument with a clear, single operative act (fixes commencement date).","Depends on a statutory power in another enactment (references s.2 of the Judicial Review Act 2000).","Formal requirements recorded: Governor's signature, Ministerial attestation, and Gazette notification.","No substantive changes to legal rights or obligations — limited legal and administrative consequence.","Low discretion: date selection is the primary decision point but follows statutory power."],"plain_english_summary":"This proclamation, made under section 2 of the Judicial Review Act 2000, sets 1 December 2001 as the date the Act begins to operate. The Governor, acting with the advice of the Executive Council, signed and had the notice published in the Gazette. Mechanically it does not alter the Act’s text or duties; it only determines when the Act’s rights, obligations and administrative processes take legal effect. There are no new fees or payments created by this instrument."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-judicial-review-act-2000","history":"/api/acts/proclamation-under-the-judicial-review-act-2000/history","analysis":"/api/acts/proclamation-under-the-judicial-review-act-2000/analysis","conflicts":"/api/acts/proclamation-under-the-judicial-review-act-2000/conflicts","importantCases":"/api/acts/proclamation-under-the-judicial-review-act-2000/important-cases","documents":"/api/acts/proclamation-under-the-judicial-review-act-2000/documents"}}