{"id":"tas:sr-2021-134","name":"Proclamation under the OPCAT Implementation Act 2021","slug":"proclamation-under-the-opcat-implementation-act-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"134 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182192,"registerId":"tas-tas:sr-2021-134-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the OPCAT Implementation Act 2021","content":"> Proclamation under the OPCAT Implementation Act 2021\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 [OPCAT Implementation Act 2021](/view/html/inforce/2026-04-12/act-2021-026) fix 20 January 2022 as the day on which the provisions of that Act commence.\n\n13 December 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 22 December 2021\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement instrument that performs exactly one function: bringing the parent Act into force. It has not expanded beyond this purpose."},"complexity_factors":["Single operative provision: fixes a 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- The Tasmanian Governor (acting on ministerial advice) has officially declared that the **OPCAT Implementation Act 2021** will start operating on **20 January 2022**.\n\n**What is OPCAT?**\n- OPCAT stands for the **Optional Protocol to the Convention Against Torture** — an international human rights agreement that allows independent inspectors to visit places where people are detained (like prisons, police cells, and mental health facilities) to check for mistreatment.\n\n**Who it affects:**\n- **People in detention** in Tasmania — they gain new protections against torture and cruel treatment\n- **Tasmanian government agencies** that run detention facilities — they must prepare for independent inspections\n- **Tasmania's independent oversight bodies** — they will coordinate with international inspectors\n\n**Why it matters:**\n- This proclamation triggers the legal obligations in the Act. Until this date was set, the law existed on paper but wasn't enforceable. Now Tasmania must comply with international standards for treating people in custody, and can be held accountable if it doesn't."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation only. It does not alter, expand, or narrow the scope of the OPCAT Implementation Act 2021 — it simply brings that Act into force as originally intended by parliament."},"complexity_factors":["Extremely short instrument with minimal operative content — it is essentially a date-setting document","Requires background knowledge of OPCAT and the parent Act to understand its significance","No substantive legal provisions to interpret — complexity lies in the broader legislative framework it activates, not the proclamation itself"],"plain_english_summary":"This Proclamation brings Tasmania’s OPCAT Implementation Act 2021 into legal force from 22 December 2021. It activates the state’s framework for independent inspections of places where people are detained — prisons, mental‑health and youth facilities, immigration detention — giving detainees protection and giving oversight bodies and agencies clear legal duties and powers.\n\nIt matters because it turns Australia’s OPCAT obligations in Tasmania from paper into enforceable law."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or content of the OPCAT Implementation Act 2021. It solely sets the commencement date under section 2, thereby activating the Act’s existing provisions on 20 January 2022; no provisions of the Act are amended or removed by this instrument."},"complexity_factors":["Instrument is procedural and limited to fixing a commencement date","Relies on delegated authority under section 2 of the OPCAT Implementation Act 2021","No substantive amendment to the underlying Act within the proclamation","Legal formalities: signature by Governor with Executive Council advice and Gazette notification","Implementation complexity is external — obligations arise under the principal Act, not this proclamation","Administrative responsibility assigned to the Department of Justice"],"plain_english_summary":"This proclamation, made under section 2 of the OPCAT Implementation Act 2021, fixes 20 January 2022 as the day the Act’s provisions commence. The Governor of Tasmania, acting with the advice of the Executive Council, signed it on 13 December 2021; it was notified in the Gazette on 22 December 2021 and is administered by the Department of Justice.\n\nMechanically, the proclamation activates the OPCAT Implementation Act on that date, bringing into force any compliance duties and administrative responsibilities the Act imposes on the State and the bodies to which the Act applies (s 2)."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-opcat-implementation-act-2021","history":"/api/acts/proclamation-under-the-opcat-implementation-act-2021/history","analysis":"/api/acts/proclamation-under-the-opcat-implementation-act-2021/analysis","conflicts":"/api/acts/proclamation-under-the-opcat-implementation-act-2021/conflicts","importantCases":"/api/acts/proclamation-under-the-opcat-implementation-act-2021/important-cases","documents":"/api/acts/proclamation-under-the-opcat-implementation-act-2021/documents"}}