{"id":"tas:sr-2010-097","name":"Proclamation under the Public Interest Disclosures Amendment Act 2009","slug":"proclamation-under-the-public-interest-disclosures-amendment-act-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"97 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315113,"registerId":"tas-tas:sr-2010-097-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Public Interest Disclosures Amendment Act 2009","content":"> Proclamation under the Public Interest Disclosures Amendment 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 of the](/view/html/inforce/2026-04-12/act-2009-068#GS2@EN) [Public Interest Disclosures Amendment Act 2009](/view/html/inforce/2026-04-12/act-2009-068) fix 1 October 2010 as the day on which that Act commences.\n\n13 September 2010\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nLARA GIDDINGS\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 September 2010\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"This proclamation does not change the scope or substance of the Public Interest Disclosures Amendment Act 2009. It exercises the section 2 power to fix a commencement date (1 October 2010) and thus only alters when the Act's provisions become legally operative; it does not modify the Act's content."},"complexity_factors":["Single, discrete legal action: fixes a commencement date for an existing Act","No substantive amendments or conditions included in the proclamation","Made under explicit statutory power (section 2), reducing interpretive ambiguity","Formalities present (Gazette notification, Executive Council advice, administration by Department of Justice) but no operational complexity","Limited discretion exercised — date selection only, no delegation or regulatory detail"],"plain_english_summary":"This proclamation, made by the Governor with the advice of the Executive Council under section 2 of the Public Interest Disclosures Amendment Act 2009, fixes 1 October 2010 as the day that the Amendment Act commences. It does not change the Act’s content; it simply makes the amended rules legally effective from that date. The proclamation itself creates no new obligations or costs — it determines when the Act’s duties and powers (now administered by the Department of Justice) start to apply."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Proclamation has a narrow, purely administrative purpose — to commence the 2009 Amendment Act. It does not expand or alter the scope of the underlying legislation; it simply activates it."},"complexity_factors":["The document is a Proclamation — a single-purpose instrument with very limited substantive content","No operative provisions or detailed rules are set out in the document itself","Understanding the practical effect requires knowledge of the parent Act (Public Interest Disclosures Amendment Act 2009) and the principal Act it amended","Standard commencement proclamation with no exceptions, conditions, or phase-ins"],"plain_english_summary":"This Proclamation is the Governor of Tasmania's formal commencement notice bringing the Public Interest Disclosures Amendment Act 2009 into force. It sets the amendments to Tasmania’s whistleblower framework to begin on 22 September 2010.\n\nIt affects Tasmanian public sector employees, people who report government wrongdoing, and the agencies that must receive and handle those reports — effectively turning on the updated protections and procedures."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a procedural commencement instrument performing exactly the function intended — bringing an Act into force on a specified date. No scope creep."},"complexity_factors":["Single operative provision: fixing a commencement date","No defined terms","No cross-references to other legislation beyond citation of the empowering section","No conditional logic or exceptions","Standard proclamation format following long-established conventions"],"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 October 2010** as the date when the *Public Interest Disclosures Amendment Act 2009* (Tasmania) starts operating.\n- Without this proclamation, the Amendment Act would remain on the statute books but wouldn't actually apply to anyone.\n\n**Who it affects:**\n- Tasmanian public sector employees and agencies covered by the public interest disclosure (\"whistleblower\") laws.\n- Anyone considering making a protected disclosure about wrongdoing in the Tasmanian public sector from October 2010 onwards.\n\n**Why it matters:**\n- Whistleblower protections don't work until the law is \"switched on.\" This document flips that switch.\n- It gives everyone certainty about when the new protections (and obligations) begin."},"issue_detection":{"absurdities":[{"type":"other","section":"Title/Header","severity":"low","reasoning":"While not a logical flaw in the operative law itself, the repeated duplication of headings and metadata blocks indicates the document as presented has no discernible operative provisions — it contains only metadata, status information, and duplicated headers. A Proclamation with no operative content cannot achieve its stated legal purpose.","confidence":0.72,"description":"The document title 'Proclamation under the Public Interest Disclosures Amendment Act 2009' is repeated at least four times in the document header and body, suggesting a structural or formatting defect that renders the authoritative title of the instrument unclear."},{"type":"other","section":"Currency of version / Status Information","severity":"low","reasoning":"The access timestamp of 8 April 2026 combined with a last-modified date of 5 July 2017 and a currency start date of 22 September 2010 is not internally contradictory per se, but the document's self-description as current 'to date' where 'date' is 2026 while the underlying file has not been modified since 2017 raises a question about whether the currency claim is accurate or self-updating in a potentially misleading way.","confidence":0.55,"description":"The document states it was 'accessed 8 April 2026 at 1:42' while simultaneously stating the 'File last modified 5 July 2017'. The legislation is described as 'current from 22 September 2010 to date', yet the access date of 2026 is a future date relative to any realistic drafting or publication context, creating a temporal inconsistency in the document's own metadata."},{"type":"impossible_compliance","section":"Entire document","severity":"high","reasoning":"A Proclamation under an amending Act typically exists to fix a commencement date for one or more provisions. Without any operative clause, persons seeking to comply with or rely upon the proclaimed commencement have no ascertainable content to act upon. This is either a profound publication failure or the instrument is substantively empty.","confidence":0.68,"description":"The document purports to be a legally operative Proclamation but contains no operative provisions whatsoever — no commencement date is proclaimed, no sections of the amending Act are brought into force, and no legal effect is discernible from the text as presented. A Proclamation that proclaims nothing is a legal nullity."}],"contradictions":[{"severity":"low","section_a":"Currency of version — 'Version current from 22 September 2010 to date'","section_b":"Authorisation — 'File last modified 5 July 2017'","confidence":0.5,"description":"The document claims to be current 'to date' (implying no amendments or changes), yet the file was last modified on 5 July 2017 — nearly seven years after the stated currency commencement date. This suggests the document was changed after its stated commencement period began, contradicting the implication that it has remained unchanged from 22 September 2010."},{"severity":"low","section_a":"Table of Amending Instruments — link to 'Table of Amendments'","section_b":"Currency of version — 'Version current from 22 September 2010 to date'","confidence":0.45,"description":"The document provides a link to a 'Table of Amendments', implying the instrument has been amended, while simultaneously presenting itself as a single unbroken version current from 22 September 2010. If amendments exist, the version cannot straightforwardly be described as continuously current from that single date without further qualification."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-public-interest-disclosures-amendment-act-2009","history":"/api/acts/proclamation-under-the-public-interest-disclosures-amendment-act-2009/history","analysis":"/api/acts/proclamation-under-the-public-interest-disclosures-amendment-act-2009/analysis","conflicts":"/api/acts/proclamation-under-the-public-interest-disclosures-amendment-act-2009/conflicts","importantCases":"/api/acts/proclamation-under-the-public-interest-disclosures-amendment-act-2009/important-cases","documents":"/api/acts/proclamation-under-the-public-interest-disclosures-amendment-act-2009/documents"}}