{"id":"tas:sr-2023-061","name":"Proclamation under the Mental Health Amendment Act 2023","slug":"proclamation-under-the-mental-health-amendment-act-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"61 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179384,"registerId":"tas-tas:sr-2023-061-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 2023","content":"> Proclamation under the Mental Health Amendment Act 2023\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-2023-004#GS2@EN) [Mental Health Amendment Act 2023](/view/html/inforce/2026-04-12/act-2023-004) fix 25 September 2023 as the day on which that Act, other than the following provision, commence:\n\n> > (a) section 57(a), (b) and (d);\n> \n> > (b) section 58(b).\n\n11 September 2023\n\nB. BAKER\n\nGovernor\n\nBy Her Excellency's Command,\n\nJEREMY ROCKLIFF\n\nMinister for Mental Health and Wellbeing\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 20 September 2023\n\nThis proclamation is administered in the Department of Health.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument with limited scope — it performs exactly the function intended (bringing an Act into force with specific exceptions). No scope creep."},"complexity_factors":["Single operative provision fixing a commencement date","Only two simple exceptions listed (specific subsections held back)","No defined terms, no cross-references to other Acts beyond the parent Act being proclaimed","Standard proclamation format, approximately 150 words total"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings most of the *Mental Health Amendment Act 2023* into force on **25 September 2023**.\n\n**What it does:**\n- It \"switches on\" the new law so it starts applying to people in Tasmania from that date.\n- It **delays** two specific parts of the Act (section 57(a), (b), (d) and section 58(b)) — these provisions won't start yet, presumably because the government needs more time to prepare for them.\n\n**Who it affects:**\n- Anyone in Tasmania who might interact with mental health services, including patients, families, and health professionals.\n- The government itself, which must now implement the parts of the law that have started.\n\n**Why it matters:**\n- Laws don't automatically start when Parliament passes them. This document officially tells everyone when the changes actually take effect. The delayed sections suggest some parts of the reform need more work before they're ready."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"A proclamation by definition cannot change the scope of the Act it commences — it is a purely administrative instrument. The scope is identical to that of the Mental Health Amendment Act 2023 it brings into force."},"complexity_factors":["This is a commencement proclamation only — it contains no substantive legal provisions of its own","Its sole operative function is to set an effective date for another piece of legislation","No definitions, schedules, exceptions, or interpretive provisions are present","The document is extremely short with minimal legal content"],"plain_english_summary":"This Proclamation by the Tasmanian Governor brings the Mental Health Amendment Act 2023 into force by setting its commencement date (20 September 2023). It affects anyone involved in Tasmania’s mental health system — patients, carers, clinicians, service providers, and courts — because it activates the amendments so they have legal effect from that date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"Proclamations are not ordinarily amendable instruments that have 'versions.' Describing a proclamation as having a version currency range implies it could be amended, which is conceptually incoherent for a one-off commencement instrument. The Table of Amending Instruments hyperlink compounds this absurdity by suggesting the proclamation itself has been subject to amendment.","confidence":0.72,"description":"The proclamation states it is 'current from 20 September 2023 to date' while simultaneously being accessed on 5 April 2026. A proclamation is a one-time instrument that brings legislation into force on a specific date; it cannot logically be 'current' in the sense of an evolving legislative instrument — it either took effect or it did not."},{"type":"impossible_compliance","section":"Table of Amending Instruments","severity":"medium","reasoning":"If the proclamation were amended to change a commencement date after the Act had already commenced, this would create a retroactive impossibility: conduct, rights, and obligations arising under the Act between the original commencement and the amended commencement date would exist in a legal vacuum. The structural inclusion of an amendment table signals a drafting framework inappropriate for this instrument type.","confidence":0.65,"description":"A proclamation under a commencement provision is a one-time executive act, not a legislative instrument ordinarily subject to subsequent amendment. The presence of a 'Table of Amending Instruments' implies the proclamation has been or could be amended, which is legally anomalous — once a commencement proclamation takes effect, the date is fixed and cannot be retrospectively altered without defeating the purpose of legal certainty."},{"type":"self_contradicting","section":"Authorisation / File last modified 20 September 2023","severity":"low","reasoning":"If amending instruments exist (as suggested by the amendment table hyperlink), the file modification date should reflect those subsequent changes. A static modification date alongside a live amendment table creates a documentation contradiction that undermines the reliability of the version currency claim.","confidence":0.6,"description":"The authorisation metadata states the file was last modified on 20 September 2023, yet the Table of Amending Instruments implies subsequent amendments may exist. These two statements are internally inconsistent within the same document."}],"contradictions":[{"severity":"low","section_a":"Status Information - 'File last modified 20 September 2023'","section_b":"Table of Amending Instruments - '(click to view Table of Amendments)'","confidence":0.63,"description":"The file is stated to have been last modified on 20 September 2023, but the existence of a Table of Amending Instruments implies that subsequent instruments have amended the proclamation after that date. These two representations cannot both be true simultaneously."},{"severity":"low","section_a":"Status Information - 'usually updated within 3 working days after a change'","section_b":"Authorisation - 'File last modified 20 September 2023'","confidence":0.55,"description":"The site policy states legislation is updated within 3 working days of a change. If the amendment table contains post-September 2023 instruments, the file modification date should have been updated accordingly. The static date contradicts the assurance of timely updates, creating uncertainty about whether the displayed version is actually current."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Mental Health Amendment Act 2023. It only fixes the commencement date (25 September 2023) and defers commencement of specified clauses in sections 57 and 58, thereby altering timing and implementation obligations without amending the Act's provisions. (Source: Proclamation text.)"},"complexity_factors":["Narrow functional purpose: purely a commencement proclamation rather than substantive legal change","Cross-reference dependency: effect depends on text of the Mental Health Amendment Act 2023 (requires checking that Act for full effect)","Limited carve-outs: deferral of specified clauses (parts of sections 57 and 58) introduces small additional coordination complexity","Formal legal form: must follow gubernatorial/Executive Council procedure and Gazette notification","Operational impact: administrative coordination and timing for regulated entities to implement changes"],"plain_english_summary":"This proclamation sets 25 September 2023 as the day the Mental Health Amendment Act 2023 comes into force, while postponing commencement of certain clauses in sections 57 and 58. It affects the Department of Health, clinical services, legal practitioners and any persons or organisations required to comply with the amended Act because it changes when obligations and powers become operational. The Governor (with Executive Council advice) decides commencement timing, shifting implementation and compliance costs and short-term administrative workload rather than altering substantive law."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-mental-health-amendment-act-2023","history":"/api/acts/proclamation-under-the-mental-health-amendment-act-2023/history","analysis":"/api/acts/proclamation-under-the-mental-health-amendment-act-2023/analysis","conflicts":"/api/acts/proclamation-under-the-mental-health-amendment-act-2023/conflicts","importantCases":"/api/acts/proclamation-under-the-mental-health-amendment-act-2023/important-cases","documents":"/api/acts/proclamation-under-the-mental-health-amendment-act-2023/documents"}}