{"id":"tas:sr-2009-185","name":"Proclamation under the Public Health Amendment (Cervical Screening) Act 2009","slug":"proclamation-under-the-public-health-amendment-cervical-screening-act-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"185 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315273,"registerId":"tas-tas:sr-2009-185-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Public Health Amendment (Cervical Screening) Act 2009","content":"> Proclamation under the Public Health Amendment (Cervical Screening) Act 2009\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-2009-081#GS2@EN) of the [Public Health Amendment (Cervical Screening) Act 2009](/view/html/inforce/2026-04-12/act-2009-081) fix 1 January 2010 as the day on which that Act commences.\n\n14 December 2009\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nLARA GIDDINGS\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 23 December 2009\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":"Based on the available metadata, the Proclamation appears to have remained unchanged since its commencement on 23 December 2009. A Proclamation of this type has a narrow, fixed purpose — to commence legislation — and there is no indication the scope has shifted from that original intent. The absence of substantive content in the provided text limits confidence in this assessment."},"complexity_factors":["The document as provided contains only metadata and administrative status information — no substantive legal provisions are present to analyse","Proclamations are inherently simple instruments — they exist solely to commence (activate) legislation rather than create new rights or obligations","The underlying Act (Public Health Amendment (Cervical Screening) Act 2009) may carry its own complexity, but that complexity is not present in this document","No amending instruments appear to have altered this Proclamation, suggesting a stable and uncomplicated instrument"],"plain_english_summary":"This Proclamation formally commenced the Public Health Amendment (Cervical Screening) Act 2009 in Tasmania, bringing the Act’s changes into force from 23 December 2009.\n\nIt affects women eligible for cervical screening, healthcare providers and the Tasmanian Department of Health; it is a procedural instrument that activated the law and has been in continuous effect since that date."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"If the version has been current and unchanged since 23 December 2009, there is no coherent explanation for why the file was last modified on 5 July 2017. Either the content was amended (contradicting the currency date) or only metadata/formatting was changed, which is not disclosed and creates opacity about the instrument's true legislative history.","confidence":0.6,"description":"The document states it is 'current from 23 December 2009 to date' while simultaneously stating the file was last modified on 5 July 2017, creating an ambiguity as to whether the instrument has actually been amended or updated despite claiming currency from 2009."},{"type":"impossible_compliance","section":"Document Structure - General","severity":"high","reasoning":"A proclamation under an amending Act exists solely to bring that Act or specific provisions into force on a specified date. Without any operative clause stating what is being proclaimed and when, the instrument cannot perform its sole legal function. Any person or body seeking to determine whether the Public Health Amendment (Cervical Screening) Act 2009 is in force, and from what date, cannot do so from this document alone.","confidence":0.85,"description":"The proclamation as reproduced contains no substantive operative provisions whatsoever. A proclamation is a legal instrument that must contain operative text (e.g., a commencement date for the Act it proclaims). The document is entirely composed of metadata, status information, and navigation aids, rendering it legally meaningless as reproduced."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"Proclamations are not living instruments capable of amendment in the ordinary sense. Applying a standard currency disclaimer designed for ongoing Acts or regulations to a proclamation implies it may be periodically updated, which misrepresents its legal character and could mislead readers about its stability and finality.","confidence":0.65,"description":"The update policy states legislation is 'usually updated within 3 working days after a change to the legislation,' yet a proclamation is by nature a one-time instrument that fixes a commencement date and cannot itself be substantively changed. Representing a proclamation as subject to ongoing updates is conceptually incoherent."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'current from 23 December 2009 to date'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.65,"description":"The instrument claims to have been current and unchanged since 23 December 2009, yet the file modification date of 5 July 2017 indicates some change occurred approximately 7.5 years after the stated commencement of currency. These two statements are irreconcilable without further explanation of what was modified and why."},{"severity":"medium","section_a":"Table of Amending Instruments: hyperlink to amendments table","section_b":"Status Information: version described as current from a single fixed date with no amendment dates listed","confidence":0.7,"description":"The document provides a hyperlink to a 'Table of Amendments,' implying there may be amending instruments, while the status information presents the document as having a single uninterrupted period of currency from 2009. If no amendments exist, the amendments table link is misleading; if amendments do exist, the currency presentation is incomplete."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by its nature has a single, narrow purpose: to activate legislation passed by Parliament. It has not expanded beyond this original intent."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No cross-references to other legislation beyond citation of the enabling Act","No conditional logic or exceptions","Standard proclamation format following long-established constitutional convention"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that sets the start date for a new law about cervical cancer screening in Tasmania.\n\n**What it does:**\n- It officially announces that the *Public Health Amendment (Cervical Screening) Act 2009* will begin operating on **1 January 2010**.\n\n**Who made it:**\n- The Governor of Tasmania (Peter G. Underwood), acting on advice from the Executive Council (the Premier and senior ministers).\n- Signed off by the Minister for Health (Lara Giddings).\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically start working immediately. This proclamation is the legal trigger that 'switches on' the cervical screening law. Without this document, the Act would remain inactive.\n- This is a standard procedural step in the Tasmanian legal system, ensuring the public and health professionals know exactly when the new screening rules take effect.\n\n**Key details:**\n- **Made:** 14 December 2009\n- **Published in Gazette:** 23 December 2009\n- **Commencement date:** 1 January 2010\n- **Administered by:** Department of Health and Human Services"},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Public Health Amendment (Cervical Screening) Act 2009; it simply activates the Act by fixing its commencement date under section 2. The instrument’s effect is temporal (brings the Act into force on 1 January 2010) and administrative (notes department responsible and Gazette notification)."},"complexity_factors":["Single, discrete legal action: fixes a commencement date rather than creating new substantive law.","Clear decision-maker and process: Governor acting with Executive Council advice; Minister signature required (text).","No regulatory or compliance detail within the proclamation itself—no duties, penalties or enforcement mechanisms are introduced here.","Administrative formalities only: Gazette notification and departmental administration noted.","Low interpretive load: operative effect is chronological (start date) rather than rule-making."],"plain_english_summary":"This proclamation sets 1 January 2010 as the day the Public Health Amendment (Cervical Screening) Act 2009 comes into operation. It is made by the Governor on the advice of the Executive Council, signed by the Minister for Health, and is administered by the Department of Health and Human Services. Once in force, the Act’s provisions become legally effective for those to whom the Act applies."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-public-health-amendment-cervical-screening-act-2009","history":"/api/acts/proclamation-under-the-public-health-amendment-cervical-screening-act-2009/history","analysis":"/api/acts/proclamation-under-the-public-health-amendment-cervical-screening-act-2009/analysis","conflicts":"/api/acts/proclamation-under-the-public-health-amendment-cervical-screening-act-2009/conflicts","importantCases":"/api/acts/proclamation-under-the-public-health-amendment-cervical-screening-act-2009/important-cases","documents":"/api/acts/proclamation-under-the-public-health-amendment-cervical-screening-act-2009/documents"}}