{"id":"tas:sr-2010-150","name":"Proclamation under the Poisons Amendment (Midwives) Act 2010","slug":"proclamation-under-the-poisons-amendment-midwives-act-2010","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"150 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314862,"registerId":"tas-tas:sr-2010-150-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Poisons Amendment (Midwives) Act 2010","content":"> Proclamation under the Poisons Amendment (Midwives) Act 2010\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](/view/html/inforce/2026-04-12/act-2010-042#GS2@EN) of the [Poisons Amendment (Midwives) Act 2010](/view/html/inforce/2026-04-12/act-2010-042) fix 1 January 2011 as the day on which that Act commences.\n\n17 December 2010\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nMICHELLE O'BYRNE\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 29 December 2010\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":"The proclamation performs exactly its intended function: bringing the Poisons Amendment (Midwives) Act 2010 into force on a specified date. There is no evidence of scope change from its original purpose."},"complexity_factors":["The document is a proclamation only — its legal content is minimal, consisting solely of a commencement trigger","No substantive legal provisions are contained in the proclamation itself; complexity resides in the parent Act","Straightforward administrative instrument with a single legal function","Cross-referencing to the Poisons Act 1971 (Tas) and the amending Act is required for full understanding, adding minor complexity"],"plain_english_summary":"The proclamation brings the Poisons Amendment (Midwives) Act 2010 into force in Tasmania (commencement 29 December 2010), enabling eligible midwives greater legal authority to access, prescribe or administer certain regulated medicines used in maternity care.  \n\nIt affects midwives, their patients (pregnant women and new mothers), and health employers by aligning Tasmanian law with broader reforms recognizing expanded midwifery practice."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument with no substantive scope. It performs exactly the single function it was designed for: bringing the parent Act into force on a specified date."},"complexity_factors":["Single operative provision (fixing the commencement date)","No defined terms","No cross-references to other legislation beyond citation of the parent Act","No conditional logic or exceptions","Standard proclamation format — essentially a template document"],"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 January 2011** as the date when the *Poisons Amendment (Midwives) Act 2010* officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is the formal body of senior ministers).\n- Signed by Governor Peter G. Underwood and Health Minister Michelle O'Byrne.\n\n**Why it matters:**\n- Laws passed by Parliament don't always take effect immediately. This document formally \"switches on\" the midwives amendment, allowing registered midwives in Tasmania to legally obtain, possess, and use certain poisons (medications) for their professional practice.\n- Without this proclamation, the Act would remain dormant — passed but not legally active."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or contents of the Poisons Amendment (Midwives) Act 2010; it only fixes the Act's commencement date (1 January 2011) and records administrative and notification details."},"complexity_factors":["Single, discrete legal action: sets a commencement date rather than creating substantive law","No delegated rule-making or operational detail in the proclamation itself","Clear administrative pointer: identifies Department of Health and Human Services as administrator","Formalities included (Governor’s signature, Gazette notification) but no technical thresholds or conditions","Triggers pre-existing compliance and operational obligations in the amended Act once the date arrives","Low stakeholder discretion or interpretive ambiguity in the proclamation text"],"plain_english_summary":"Fixes 1 January 2011 as the day the Poisons Amendment (Midwives) Act 2010 starts to operate. Mechanically, this proclamation makes the Act’s legal changes effective from that date.\n\nIt affects midwives, their employers and patients, and places administrative responsibility on the Department of Health and Human Services. Compliance duties and any new authorities created by the Act become operative on the commencement date."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A file last modified in 2017 being described as current to 2026 creates an ambiguity: either the instrument has genuinely not changed (in which case 'to date' is misleading as it implies ongoing updates), or the currency metadata is not being properly maintained. The claim that legislation is 'usually updated within 3 working days' is contradicted by a 9-year gap between last modification and the access date, though this may simply reflect no amendments being made.","confidence":0.55,"description":"The document states it is 'current from 29 December 2010 to date (accessed 8 April 2026 at 1:37)' while simultaneously stating 'File last modified 5 July 2017'. If the file was last modified in 2017, it cannot logically be described as current 'to date' in 2026 without qualification."},{"type":"impossible_compliance","section":"Document Structure - Entire Proclamation","severity":"high","reasoning":"A proclamation under an Act exists solely to perform a legal function — typically to bring provisions of an Act into force on a specified date. This document as reproduced contains no operative text, no date of commencement declared, and no Governor's signature block or operative clause. This renders the proclamation legally meaningless on its face, as there is nothing for any person or body to comply with or rely upon. If this is the complete instrument, it fails its fundamental legislative purpose.","confidence":0.72,"description":"The proclamation purports to be substantive legislation but contains no operative provisions whatsoever. There is no actual proclamation of a commencement date, no operative clause, and no substantive content beyond metadata and status information."},{"type":"other","section":"Status Information - Update timeframe","severity":"low","reasoning":"The word 'usually' introduces an unquantified exception that undermines any reliance on the currency of the document. As a statement within legislation metadata, it simultaneously promises currency and disclaims it, which is logically incoherent as a reliability assurance.","confidence":0.45,"description":"The statement that legislation is 'usually updated within 3 working days after a change' is aspirational and creates no enforceable obligation, yet it is presented as a factual statement in a legal instrument, creating a false impression of legal reliability."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version (accessed 8 April 2026 at 1:37)","section_b":"Authorisation - File last modified 5 July 2017","confidence":0.6,"description":"The document claims to be current 'to date' as of 8 April 2026, but the file was last modified on 5 July 2017 — nearly 9 years earlier. These two statements are in tension: if the instrument is truly current to 2026, the file should reflect modifications up to that point; if it was last modified in 2017, the 'current to date' representation requires the additional inference that no amendments have occurred in 9 years, which is not stated."},{"severity":"high","section_a":"Document Title - 'Proclamation under the Poisons Amendment (Midwives) Act 2010'","section_b":"Document Body - Entire substantive content","confidence":0.68,"description":"The title represents that this is an operative proclamation under a specific Act, but the body of the document as reproduced contains no operative proclamation clauses. The title and the content are fundamentally contradictory in that the former promises legal substance the latter does not deliver."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-poisons-amendment-midwives-act-2010","history":"/api/acts/proclamation-under-the-poisons-amendment-midwives-act-2010/history","analysis":"/api/acts/proclamation-under-the-poisons-amendment-midwives-act-2010/analysis","conflicts":"/api/acts/proclamation-under-the-poisons-amendment-midwives-act-2010/conflicts","importantCases":"/api/acts/proclamation-under-the-poisons-amendment-midwives-act-2010/important-cases","documents":"/api/acts/proclamation-under-the-poisons-amendment-midwives-act-2010/documents"}}