{"id":"tas:sr-2020-028","name":"Proclamation under the Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019","slug":"proclamation-under-the-justice-legislation-amendment-organisational-liability-for-child-abuse-act-20","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"28 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182542,"registerId":"tas-tas:sr-2020-028-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019","content":"> Proclamation under the Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019\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-2019-048#GS2@EN) [Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019](/view/html/inforce/2026-04-12/act-2019-048) fix 1 May 2020 as the day on which that Act commences.\n\n27 April 2020\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 29 April 2020\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 scope or content of the Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019; it only sets the day the Act commences under s.2. It therefore changes timing but not substantive reach or obligations."},"complexity_factors":["Single operative clause: fixes a commencement date (1 May 2020).","Made by the Governor acting with Executive Council advice — formal executive exercise of power.","Cross-references section 2 of the Act as the source of commencement power.","No substantive legal amendments or operational rules are included in the proclamation itself.","Practical compliance burden and costs depend entirely on the underlying Act’s provisions rather than on this proclamation."],"plain_english_summary":"This proclamation, made by the Governor with the advice of the Executive Council, fixes 1 May 2020 as the day the Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019 begins to operate. It does not itself change the Act’s content; it simply brings the Act into legal effect so that the obligations and powers in that Act apply to the organisations and persons it covers (see s.2 of the Act)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation by definition does not change the scope of the legislation — it merely activates it. There is no evidence of any scope change from the original intent of the Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019."},"complexity_factors":["The document itself is purely administrative — it is a proclamation setting a commencement date, containing almost no substantive legal content","The complexity lies in understanding the underlying Act (not reproduced here), not in the proclamation itself","Minimal legal text is present; most of the document is metadata, status information, and formatting artefacts from the legislative website"],"plain_english_summary":"This Proclamation fixes 29 April 2020 as the commencement date for the Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019 in Tasmania, making the Act legally operative from that date. It matters because survivors can now pursue organisations (not just individual perpetrators) for institutional child abuse, affecting institutions, courts, and legal claims in Tasmania."},"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 on a specified date. It has not expanded beyond its original purpose."},"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 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 effect.\n\n**What it does:**\n- The Tasmanian Governor (acting on ministerial advice) has officially declared that the *Justice Legislation Amendment (Organisational Liability for Child Abuse) Act 2019* will **start operating on 1 May 2020**.\n\n**Why this matters:**\n- Laws passed by Parliament don't automatically take effect immediately. They often need a proclamation like this to set the actual start date.\n- This particular law makes organisations (like churches, schools, and youth groups) legally responsible if their employees or volunteers abuse children — a major reform following the Royal Commission into Institutional Responses to Child Sexual Abuse.\n\n**Who it affects:**\n- Tasmanian organisations that work with children\n- Survivors of institutional child abuse seeking legal recourse\n- Anyone running or insured by such organisations"},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation instrument of this type exists solely to bring a parent Act into force on a specified date. Once that function is discharged, the instrument has no ongoing operative legal effect. Describing it as 'current to date' across a six-year window implies ongoing legal significance that does not exist. The instrument cannot be amended in any substantive way, yet an amendable 'Table of Amending Instruments' link is provided, suggesting the drafting framework treats it identically to substantive legislation.","confidence":0.72,"description":"The proclamation states it is 'current from 29 April 2020 to date' but also states it was 'accessed 5 April 2026 at 16:20', implying currency well beyond any normal review cycle for a single-purpose commencement proclamation."},{"type":"other","section":"Status Information - Legislation update timeframe","severity":"low","reasoning":"A commencement proclamation is a one-time instrument that declares a date on which provisions commence. It cannot be retroactively altered to change a commencement date that has already passed without creating legal impossibility. The boilerplate currency warning therefore conveys no meaningful information and could mislead a reader into believing the proclamation's operative content is subject to ongoing amendment.","confidence":0.65,"description":"The statement that 'legislation on this site is usually updated within 3 working days after a change to the legislation' is logically inapplicable to a commencement proclamation, which by its nature cannot be substantively changed after it takes effect."},{"type":"impossible_compliance","section":"Table of Amending Instruments","severity":"low","reasoning":"Proclamations under Tasmanian Acts are subordinate instruments used exclusively to fix commencement dates. Any purported 'amendment' to such a proclamation after the commencement date has passed would be legally nugatory. Presenting an amendments table implies the possibility of substantive variation that does not exist, creating a structural absurdity in the publication framework.","confidence":0.6,"description":"The instrument provides a clickable 'Table of Amendments' link for a proclamation that, by its legal nature, is not amendable in any operative sense."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (version current from 29 April 2020 to date)","section_b":"Authorisation - File last modified 29 April 2020","confidence":0.78,"description":"The instrument simultaneously claims currency 'to date' (accessed 5 April 2026) implying ongoing maintenance, while the 'file last modified' date of 29 April 2020 confirms the document has never been altered. These two representations are in direct tension: the first implies living currency; the second confirms total stasis."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-justice-legislation-amendment-organisational-liability-for-child-abuse-act-20","history":"/api/acts/proclamation-under-the-justice-legislation-amendment-organisational-liability-for-child-abuse-act-20/history","analysis":"/api/acts/proclamation-under-the-justice-legislation-amendment-organisational-liability-for-child-abuse-act-20/analysis","conflicts":"/api/acts/proclamation-under-the-justice-legislation-amendment-organisational-liability-for-child-abuse-act-20/conflicts","importantCases":"/api/acts/proclamation-under-the-justice-legislation-amendment-organisational-liability-for-child-abuse-act-20/important-cases","documents":"/api/acts/proclamation-under-the-justice-legislation-amendment-organisational-liability-for-child-abuse-act-20/documents"}}