{"id":"tas:sr-2017-035","name":"Proclamation under the Mental Health Amendment Act 2016","slug":"proclamation-under-the-mental-health-amendment-act-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"35 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186046,"registerId":"tas-tas:sr-2017-035-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Mental Health Amendment Act 2016","content":"> Proclamation under the Mental Health Amendment Act 2016\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 [Mental Health Amendment Act 2016](/view/html/inforce/2026-04-12/act-2016-059) fix 1 July 2017 as the day on which that Act commences.\n\n12 June 2017\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nMICHAEL DARREL JOSEPH FERGUSON\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 21 June 2017\n\nThis proclamation is administered in the Department of Health and Human Services.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural instrument with a single, narrow purpose: commencing an Act. It has no substantive scope beyond its original intent."},"complexity_factors":["Single operative provision (fixing a commencement date)","No defined terms","No cross-references to other legislation (except citation of the parent Act)","No conditional logic or exceptions","Standard ceremonial/formulaic language only"],"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 Governor of Tasmania (acting on ministerial advice) has officially declared that the *Mental Health Amendment Act 2016* will start operating on **1 July 2017**.\n\n**Why this matters:**\n- Laws passed by Parliament don't automatically take effect immediately. Someone (usually the Governor or a Minister) must formally \"turn them on\" by setting a commencement date.\n- This proclamation flips the switch, making the amendments to Tasmania's mental health laws legally binding from 1 July 2017 onwards.\n\n**Who it affects:**\n- Anyone subject to Tasmania's mental health laws — including patients, mental health practitioners, hospitals, and authorised officers — from the commencement date onward."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation is a narrowly defined procedural instrument with a single purpose: to bring legislation into force on a specified date. There is no indication of scope change from that original intent. It does not expand or contract the effect of the Mental Health Amendment Act 2016 — it simply activates it."},"complexity_factors":["The document itself is purely procedural — it contains almost no substantive legal content of its own","Understanding its significance requires knowledge of the underlying Mental Health Amendment Act 2016, which is not reproduced here","The concept of a 'Proclamation' as a commencement mechanism may be unfamiliar to laypeople","Very limited information is available in the provided text — the actual operative clause of the Proclamation is not included"],"plain_english_summary":"This Proclamation is the formal “on” switch that brought the Mental Health Amendment Act 2016 in Tasmania into legal effect on 21 June 2017. It activates the Act’s changed rules for assessment, treatment and management of people with mental illness.\n\nIt therefore affected people subject to involuntary treatment, clinicians and hospitals applying the new rules, families and carers, and lawyers and advocates — without the Proclamation the 2016 amendments would not have operated."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This proclamation does not change the content or scope of the Mental Health Amendment Act 2016. It solely fixes the Act's commencement date as 1 July 2017 under the power in section 2, thereby bringing previously enacted amendments into force; no substantive amendments are made by this instrument."},"complexity_factors":["Single, discrete legal action: sets a commencement date rather than altering substantive law.","Formal executive procedure required (Governor acting with Executive Council) — procedural formality adds minimal complexity.","Cross-reference to existing statute (Mental Health Amendment Act 2016) and to section 2 as the source of power.","Administrative-notification steps (Gazette notice, departmental administration) create minor implementation tasks.","Temporal separation between proclamation date (12 June 2017) and commencement date (1 July 2017) requires coordination by affected parties."],"plain_english_summary":"**What it does:** This proclamation fixes 1 July 2017 as the day the Mental Health Amendment Act 2016 begins in Tasmania, made by the Governor on the advice of the Executive Council under section 2. It was notified in the Gazette on 21 June 2017. **Who it affects and why it matters:** It brings the Act's amendments into legal effect on that date, affecting Tasmanian health agencies, service providers and persons governed by the Act."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-mental-health-amendment-act-2016","history":"/api/acts/proclamation-under-the-mental-health-amendment-act-2016/history","analysis":"/api/acts/proclamation-under-the-mental-health-amendment-act-2016/analysis","conflicts":"/api/acts/proclamation-under-the-mental-health-amendment-act-2016/conflicts","importantCases":"/api/acts/proclamation-under-the-mental-health-amendment-act-2016/important-cases","documents":"/api/acts/proclamation-under-the-mental-health-amendment-act-2016/documents"}}