{"id":"tas:sr-2016-117","name":"Proclamation under the Residential Building Work Contracts and Dispute Resolution Act 2016","slug":"proclamation-under-the-residential-building-work-contracts-and-dispute-resolution-act-2016","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"117 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186219,"registerId":"tas-tas:sr-2016-117-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Residential Building Work Contracts and Dispute Resolution Act 2016","content":"> Proclamation under the Residential Building Work Contracts and Dispute Resolution Act 2016\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-2016-032#GS2@EN) [Residential Building Work Contracts and Dispute Resolution Act 2016](/view/html/inforce/2026-04-12/act-2016-032) fix 1 January 2017 as the day on which that Act commences.\n\n13 December 2016\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nPETER GUTWEIN\n\nTreasurer\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 21 December 2016\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"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 limited function intended: bringing the parent Act into force on a specified date."},"complexity_factors":["Single operative provision fixing 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 force.\n\n**What it does:**\n- Sets **1 January 2017** as the date when the *Residential Building Work Contracts and Dispute Resolution Act 2016* (Tasmania) officially starts operating.\n\n**Who made it:**\n- The **Governor of Tasmania** (acting on advice from the Executive Council, which is the formal name for the state Cabinet).\n- Signed by Governor Kate Warner and Treasurer Peter Gutwein.\n\n**Why it matters:**\n- Laws passed by Parliament don't automatically take effect immediately. This proclamation is the legal trigger that \"switches on\" the Act, giving everyone certainty about when the new building contract rules and dispute resolution processes actually apply.\n- Without this document, the Act would remain dormant even after passing Parliament."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the Act’s substantive scope or content; it merely fixes the Act’s commencement date under section 2. It determines timing only and does not modify who is covered or impose additional regulatory obligations beyond those in the Act."},"complexity_factors":["Single operative action: fixes a commencement date only (no substantive regulatory content)","Short, self-contained legal instrument with limited text","Authority and procedural formality cited (made under section 2 of the Act)","Low administrative discretion: date is fixed rather than delegated","Formal signatures and Gazette notification required, but no ongoing regulatory design"],"plain_english_summary":"This proclamation sets 1 January 2017 as the day the Residential Building Work Contracts and Dispute Resolution Act 2016 comes into force in Tasmania. It therefore determines when the Act’s legal obligations and dispute-resolution arrangements begin to apply to persons and businesses covered by that Act.\n\nThe proclamation is made by the Governor with the advice of the Executive Council under section 2 of the Act and is administered by the Department of Justice."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"If the file was last modified on 5 July 2017, then the version current from 21 December 2016 is not the same unaltered instrument. Either the currency date should reflect the July 2017 modification, or the modification note is erroneous. The coexistence of these two facts creates a minor but genuine internal inconsistency in the metadata.","confidence":0.6,"description":"The proclamation states it is 'current from 21 December 2016 to date' while simultaneously claiming the file was 'last modified 5 July 2017'. A proclamation cannot be both unmodified since commencement and also modified after commencement."},{"type":"other","section":"Table of Amending Instruments","severity":"low","reasoning":"Proclamations under Australian legislative drafting conventions are typically one-time instruments that bring an Act or provisions into force on a specified date. They are not usually amenable to substantive amendment in a way that would generate a meaningful table of amending instruments. The existence of this table suggests either the proclamation has been amended (raising questions about what was changed in a commencement instrument) or the table is vestigial boilerplate with no real content, either of which is anomalous.","confidence":0.5,"description":"A Table of Amending Instruments is referenced and linked for a proclamation that appears to contain no substantive operative provisions in the text provided. A proclamation is typically a single operative act commencing an Act; it is logically peculiar for it to require amendment history."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'Version current from 21 December 2016 to date'","section_b":"Authorisation: 'File last modified 5 July 2017'","confidence":0.62,"description":"The document simultaneously represents itself as current from its original commencement date of 21 December 2016 with no version break, while acknowledging the underlying file was modified on 5 July 2017 — approximately seven months after commencement. These two statements are in tension: if the file was modified, a new version point should exist; if no new version point exists, the file should not have been modified in a substantively recordable way."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation is a narrow administrative instrument with a fixed purpose: to commence legislation. Its scope cannot meaningfully change from its original intent. There is no evidence of amendment or expansion of purpose."},"complexity_factors":["The document itself is purely procedural — a commencement notice with almost no substantive legal content","The complexity lies in the underlying Act (not reproduced here), not the Proclamation itself","Minimal legal text is present; most of the document is metadata and formatting","Single jurisdiction (Tasmania), single Act referenced"],"plain_english_summary":"This Proclamation, signed by the Governor of Tasmania, brings the Residential Building Work Contracts and Dispute Resolution Act 2016 into operation from 21 December 2016. It activates the law that governs contracts and dispute processes between homeowners and builders for residential work in Tasmania.\n\nIt matters because it made the Act’s protections and obligations legally effective for homeowners, builders, and dispute‑resolution bodies."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-residential-building-work-contracts-and-dispute-resolution-act-2016","history":"/api/acts/proclamation-under-the-residential-building-work-contracts-and-dispute-resolution-act-2016/history","analysis":"/api/acts/proclamation-under-the-residential-building-work-contracts-and-dispute-resolution-act-2016/analysis","conflicts":"/api/acts/proclamation-under-the-residential-building-work-contracts-and-dispute-resolution-act-2016/conflicts","importantCases":"/api/acts/proclamation-under-the-residential-building-work-contracts-and-dispute-resolution-act-2016/important-cases","documents":"/api/acts/proclamation-under-the-residential-building-work-contracts-and-dispute-resolution-act-2016/documents"}}