{"id":"tas:sr-1999-103","name":"Proclamation under the Mental Health Act 1996","slug":"proclamation-under-the-mental-health-act-1996","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"103 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318936,"registerId":"tas-tas:sr-1999-103-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Mental Health Act 1996","content":"> Proclamation under the Mental Health Act 1996\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-1996-031#GS2@EN) [Mental Health Act 1996](/view/html/inforce/2026-04-12/act-1996-031) fix 1 November 1999 as the day on which that Act commences.\n\n4 October 1999\n\nG. S. M. GREEN\n\nGovernor\n\nBy His Excellency's Command,\n\nJUDY JACKSON\n\nMinister for Health and Human Services\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 13 October 1999\n\nThis proclamation is administered in the Department of Health and Human Services.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is available to assess whether the scope of this Proclamation changed from its original intent. No operative provisions were included in the text provided."},"complexity_factors":["Minimal substantive content provided — the operative text of the Proclamation is absent","Proclamations are generally short and narrow instruments, inherently lower in complexity than principal legislation","Requires cross-referencing with the Mental Health Act 1996 (Tas) to understand context and scope","The existence of amending instruments adds a small layer of complexity in tracking current effect"],"plain_english_summary":"This Proclamation, made under Tasmania’s Mental Health Act 1996 and in force since 13 October 1999, formally brings part(s) of that Act into effect or makes a statutory designation. Its practical impact depends on the operative text, but it potentially affects patients, carers, clinicians and approved facilities under Tasmania’s mental health regime."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement instrument with a single, narrow purpose. It has not expanded beyond its original intent of bringing the parent Act into force on a specified date."},"complexity_factors":["Single operative provision: fixing a commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act and Rules Publication Act 1953 in administrative notes)","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 November 1999** as the date when Tasmania's *Mental Health Act 1996* officially starts operating.\n- Before this date, the Act existed on paper but had no legal effect. After this date, its rules about mental health treatment, involuntary admission, and patient rights became enforceable.\n\n**Who made it:**\n- The **Governor of Tasmania** (G. S. M. Green), acting on advice from the **Executive Council** (the Premier and senior ministers).\n- Signed off by **Judy Jackson**, the Minister for Health and Human Services at the time.\n\n**Why it matters:**\n- Laws don't automatically apply the moment Parliament passes them. This proclamation is the \"on switch\" that tells everyone — hospitals, doctors, patients, courts — when the new mental health system actually begins.\n- Without this document, the 1996 Act would have remained dormant."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"If the version has been current and unchanged since 13 October 1999, a file modification date of 29 November 2024 is unexplained. Either the legislation changed (contradicting 'current from 1999') or the modification was purely administrative/metadata. The instrument provides no explanation, undermining the reliability of currency claims.","confidence":0.6,"description":"The document states it is 'current from 13 October 1999 to date' while simultaneously stating the file was 'last modified 29 November 2024'. A proclamation under the Mental Health Act 1996 that is unchanged since 1999 yet has a file modification date 25 years later creates an unresolved ambiguity as to what actually changed."},{"type":"impossible_compliance","section":"Document structure - entire instrument","severity":"high","reasoning":"A proclamation that contains no operative content cannot fulfil its legal function. Any person or court seeking to determine what was proclaimed, and when, cannot derive that information from this instrument as presented. This renders the instrument legally nugatory on its face.","confidence":0.75,"description":"The proclamation instrument as presented contains no substantive operative provisions whatsoever. A proclamation under the Mental Health Act 1996 is expected to proclaim commencement dates or bring provisions into force, yet the entire text consists solely of status metadata and navigational headers. There is nothing being proclaimed."},{"type":"other","section":"Status Information - Currency of version (repeated headings throughout)","severity":"low","reasoning":"Consolidated legislation is meant to be the authoritative version. A document where every structural element appears twice creates interpretive uncertainty, particularly if a court or practitioner relies on the consolidated online version as the definitive text.","confidence":0.5,"description":"Every heading and section in the document is duplicated verbatim (e.g. 'Currency of version Currency of version', 'Authorisation Authorisation', 'Table of Amending Instruments Table of Amending Instruments'). While likely a rendering/HTML artefact, if treated as the authoritative consolidated text, the document is internally self-duplicating with no clear which instance is operative."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'Version current from 13 October 1999 to date'","section_b":"Authorisation: 'File last modified 29 November 2024'","confidence":0.65,"description":"The instrument asserts it has been continuously current and unchanged since 13 October 1999, yet the file modification timestamp records an alteration as recently as 29 November 2024, approximately 25 years later. These two claims are in direct tension: either the version has not changed (contradicting the 2024 modification) or something changed in 2024 (contradicting 'current from 1999')."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not alter the substantive scope or content of the Mental Health Act 1996; it only fixes the date on which the Act takes effect (1 November 1999). Made under section 2, it assigns administrative responsibility to the Department of Health and Human Services and enables application of the Act's existing powers and duties from that date."},"complexity_factors":["Single-purpose instrument: a commencement proclamation with one operative effect (low procedural complexity).","Legal authority stated: made by the Governor with Executive Council advice under section 2 of the Act (straightforward source of power).","Administrative consequence: brings substantive obligations and powers in the Mental Health Act into force, requiring readiness by health agencies.","Compliance burden concentrated: implementation costs and operational changes fall mainly on the Department of Health and Human Services and public health providers.","Formalities completed: Gazette notification and ministerial sign-off recorded, so procedural requirements for commencement are met.","No change to substantive law or regulatory scope within the proclamation itself."],"plain_english_summary":"Fixes the commencement date for the *Mental Health Act 1996* as 1 November 1999, bringing that Act's powers, duties and procedures into force on that day. It affects Tasmanian health services, public officials and anyone subject to the Act by activating statutory powers and obligations; the Governor made the proclamation under section 2 and the Department of Health and Human Services administers it (Gazette notification 13 October 1999)."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-mental-health-act-1996","history":"/api/acts/proclamation-under-the-mental-health-act-1996/history","analysis":"/api/acts/proclamation-under-the-mental-health-act-1996/analysis","conflicts":"/api/acts/proclamation-under-the-mental-health-act-1996/conflicts","importantCases":"/api/acts/proclamation-under-the-mental-health-act-1996/important-cases","documents":"/api/acts/proclamation-under-the-mental-health-act-1996/documents"}}