{"id":"tas:sr-2021-047","name":"Proclamation under the Justice Miscellaneous (Court Backlog and Related Matters) Act 2020","slug":"proclamation-under-the-justice-miscellaneous-court-backlog-and-related-matters-act-2020","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"47 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182291,"registerId":"tas-tas:sr-2021-047-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Justice Miscellaneous (Court Backlog and Related Matters) Act 2020","content":"> Proclamation under the Justice Miscellaneous (Court Backlog and Related Matters) Act 2020\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-2020-027#GS2@EN) [Justice Miscellaneous (Court Backlog and Related Matters) Act 2020](/view/html/inforce/2026-04-12/act-2020-027) fix 1 July 2021 as the day on which that Act commences.\n\n21 June 2021\n\nB. BAKER\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 30 June 2021\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, this Proclamation appears to operate squarely within the intended scope of the parent Act — namely, addressing court backlogs in Tasmania. There is no evidence of scope creep or unintended expansion of purpose. The instrument is administrative in nature and consistent with its enabling legislation."},"complexity_factors":["The document itself is largely metadata and status information — the substantive legal content of the Proclamation is not fully reproduced, limiting analysis","Proclamations are generally simple instruments that activate or bring into force existing legislation rather than creating new law themselves","The parent Act (Justice Miscellaneous (Court Backlog and Related Matters) Act 2020) may contain complex provisions, but those are not directly before us here","No amending instruments or complex definitional structures are visible in the provided text"],"plain_english_summary":"This Proclamation, made under Tasmania’s Justice Miscellaneous (Court Backlog and Related Matters) Act 2020, brings specified parts of that Act into effect (commencing 30 June 2021). It activates measures intended to help courts clear COVID-era delays.\n\nIt affects people with delayed cases, legal practitioners, and court officials by enabling procedures or powers designed to speed up case processing."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument performing exactly the function described in its title and enabling section. No scope creep."},"complexity_factors":["Single operative provision: fixes one commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act)","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- Sets **1 July 2021** as the date when the *Justice Miscellaneous (Court Backlog and Related Matters) Act 2020* (Tasmania) starts operating.\n\n**Who made it:**\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** (ELISE ARCHER).\n\n**Why this matters:**\n- Laws passed by Parliament don't always start immediately. This proclamation is the \"green light\" that tells everyone — courts, lawyers, police, and the public — exactly when the new rules apply.\n- Without this document, the Act would sit unused. The 2020 Act itself deals with clearing court backlogs and related justice system changes, but **this proclamation doesn't contain those rules** — it simply switches them on."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Act; it simply brings the Act into force on 1 July 2021 as provided by s.2. No rights, duties or powers are altered by the proclamation itself."},"complexity_factors":["Single, discrete action: sets commencement date only","References an existing statutory provision (s.2) rather than creating new substantive law","Formal constitutional and procedural signatures (Governor, Executive Council, Minister) required","No operational details, funding, or delegated powers included","Low compliance burden — effect is timing rather than new obligations in the proclamation itself"],"plain_english_summary":"This proclamation, made by the Governor on the advice of the Executive Council, fixes 1 July 2021 as the commencement date for the Justice Miscellaneous (Court Backlog and Related Matters) Act 2020 (see s.2). It brings that Act into force on that date and places its powers, duties and obligations onto the persons and bodies covered by the Act. Mechanically, the proclamation does not alter the Act’s text or allocate funding; it simply activates the statute. Decision-maker: the Governor (advice of Executive Council); administrator: Department of Justice."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation with no amendments over five years being described as 'current to date' using language implying active maintenance is not technically false but creates a misleading impression of living legislative currency. The 'Table of Amending Instruments' link exists yet presumably returns no amendments, rendering its presence functionally absurd.","confidence":0.62,"description":"The legislation states it is 'Version current from 30 June 2021 to date (accessed 5 April 2026 at 16:14)' while simultaneously stating 'File last modified 30 June 2021'. If the file has never been modified since 30 June 2021, the claim that the version is current 'to date' of access in 2026 is trivially true but misleading, as it implies ongoing currency without any substantive updates across nearly five years."},{"type":"impossible_compliance","section":"Document structure - entire instrument","severity":"high","reasoning":"By definition, a proclamation must proclaim something. An instrument styled as a 'Proclamation under the Justice Miscellaneous (Court Backlog and Related Matters) Act 2020' must at minimum specify which provisions of that Act are being commenced and when. The absence of any operative content means the instrument cannot achieve its legal purpose and any reliance on it as authority for commencement would be legally incoherent.","confidence":0.78,"description":"The proclamation as presented contains no operative provisions whatsoever. A proclamation is a formal executive instrument that brings legislation or specific provisions into force on a specified date. This document contains only metadata, status information, and administrative boilerplate, with no commencement date proclaimed, no provisions activated, and no substantive operative content. A proclamation with no proclamation is a logical nullity."},{"type":"retroactive_impossibility","section":"Table of Amending Instruments","severity":"medium","reasoning":"Commencement proclamations operate instantaneously at law - once provisions are commenced, they cannot be un-commenced by amending the proclamation. The structural provision for amendments to this instrument therefore contemplates a legally impossible operation if any such amendment purported to alter a past commencement date.","confidence":0.55,"description":"The document includes a 'Table of Amending Instruments' section for a proclamation. Proclamations are typically single-use instruments that bring legislation into force on a date certain. Amending a proclamation about commencement raises a temporal paradox: if the original proclamation commenced provisions on date X, and an amending instrument changes that commencement date, it is logically impossible to retrospectively un-commence provisions that have already taken legal effect."}],"contradictions":[{"severity":"low","section_a":"Status Information: 'Legislation on this site is usually updated within 3 working days after a change to the legislation.'","section_b":"Authorisation: 'File last modified 30 June 2021'","confidence":0.45,"description":"The currency guarantee states the site is updated within 3 working days of any change, implying ongoing modification is possible and expected. The file modification date of 30 June 2021 — unchanged across nearly five years to the access date of 5 April 2026 — is not itself contradictory, but the combination creates an internal tension: the update guarantee is presented as a meaningful assurance of currency for an instrument that has demonstrably never required it, making the guarantee misleading in this specific context."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-justice-miscellaneous-court-backlog-and-related-matters-act-2020","history":"/api/acts/proclamation-under-the-justice-miscellaneous-court-backlog-and-related-matters-act-2020/history","analysis":"/api/acts/proclamation-under-the-justice-miscellaneous-court-backlog-and-related-matters-act-2020/analysis","conflicts":"/api/acts/proclamation-under-the-justice-miscellaneous-court-backlog-and-related-matters-act-2020/conflicts","importantCases":"/api/acts/proclamation-under-the-justice-miscellaneous-court-backlog-and-related-matters-act-2020/important-cases","documents":"/api/acts/proclamation-under-the-justice-miscellaneous-court-backlog-and-related-matters-act-2020/documents"}}