{"id":"tas:sr-2019-055","name":"Proclamation under the Supreme Court Civil Procedure Amendment Act 2019","slug":"proclamation-under-the-supreme-court-civil-procedure-amendment-act-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"55 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184561,"registerId":"tas-tas:sr-2019-055-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Supreme Court Civil Procedure Amendment Act 2019","content":"> Proclamation under the Supreme Court Civil Procedure Amendment Act 2019\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-2019-014#GS2@EN) [Supreme Court Civil Procedure Amendment Act 2019](/view/html/inforce/2026-04-12/act-2019-014) , fix 9 September 2019 as the day on which that Act commences.\n\n27 August 2019\n\nC. WARNER\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 4 September 2019\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation that commences an Act serves a one-time function. Describing it as having a 'current version' spanning years implies ongoing amendability, which is conceptually odd for a proclamation instrument. However this is more a drafting convention issue than a hard logical flaw.","confidence":0.55,"description":"The instrument states it is 'Version current from 4 September 2019 to date' while simultaneously stating 'File last modified 4 September 2019'. If the file has never been modified since inception, the claim that the version is 'current to date' (2026) is trivially true but substantively meaningless for a proclamation instrument that may have been affected by subsequent amendments."},{"type":"self_contradicting","section":"Status Information - Currency of version / Table of Amending Instruments","severity":"low","reasoning":"The coexistence of 'File last modified 4 September 2019' (i.e. never changed) with an active link to amending instruments creates a logical tension: either amendments exist (contradicting the modification date) or the amendment table infrastructure is vestigial and misleading.","confidence":0.6,"description":"The instrument simultaneously states the file was last modified on 4 September 2019 and invites users to view a 'Table of Amendments', implying amendments exist or may exist. If the file has never been modified, a Table of Amendments is either empty or misleading."},{"type":"other","section":"Document structure - all headings","severity":"low","reasoning":"Duplicate headings in a formally published instrument could, in theory, create interpretive ambiguity under strict textual analysis, though in practice courts would treat this as a publishing error.","confidence":0.45,"description":"Every heading in the document is duplicated verbatim (e.g. 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). While likely a rendering/scraping artefact, if treated as the authoritative text of the instrument, it creates internal redundancy that could raise questions about which iteration of a heading constitutes the operative provision."}],"contradictions":[{"severity":"low","section_a":"Status Information - File last modified 4 September 2019","section_b":"Status Information - Table of Amending Instruments (link present)","confidence":0.62,"description":"The instrument records no modification since 4 September 2019, yet provides an active hyperlink to a Table of Amending Instruments. If no amendments have been made, the table link is contradictory to the modification date. If amendments have been made, the modification date is incorrect."},{"severity":"low","section_a":"Status Information - 'Legislation on this site is usually updated within 3 working days after a change to the legislation'","section_b":"Status Information - File last modified 4 September 2019","confidence":0.5,"description":"The site asserts a policy of updating legislation within 3 working days of any change. The file modification date of 4 September 2019 is presented as current to April 2026. This is internally consistent only if there have been zero changes in approximately 6.5 years, which, while possible for a simple proclamation, sits in tension with the update policy being stated as if it is relevant to this instrument."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A Proclamation by definition cannot change the scope of the Act it brings into force — it simply sets a commencement date. There is no evidence of any deviation from the original intent of the Supreme Court Civil Procedure Amendment Act 2019."},"complexity_factors":["The document itself contains virtually no substantive legal content — it is purely administrative in nature","The actual complexity lies in the parent Act (Supreme Court Civil Procedure Amendment Act 2019), not this Proclamation","Understanding the document requires knowing what a Proclamation is and how commencement mechanisms work in Australian law","The source text provided is heavily repetitive and poorly formatted, making it harder to extract meaning than the underlying instrument warrants"],"plain_english_summary":"This Proclamation formally brings the Supreme Court Civil Procedure Amendment Act 2019 (Tas) into force on 4 September 2019. It means the updated civil procedure rules apply in the Tasmanian Supreme Court from that date, affecting parties and lawyers in civil litigation; it’s an administrative step rather than new policy content."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the *Supreme Court Civil Procedure Amendment Act 2019*. It exercises the commencement power in section 2 to set the day (9 September 2019) on which the Act comes into force; no amendments to obligations, rights or coverage are made."},"complexity_factors":["Single operative action: fixes a commencement date under section 2 of the Act.","Formal legal authority required: Governor acting with the advice of the Executive Council.","Procedural/legal formality only: no substantive amendments or policy detail in the proclamation.","Administrative steps: Gazette notification and administration by the Department of Justice are recorded.","Implementation implication: stakeholders must prepare to comply from the fixed date, requiring administrative coordination but minimal legal interpretation."],"plain_english_summary":"This proclamation sets 9 September 2019 as the commencement date for the *Supreme Court Civil Procedure Amendment Act 2019*. By fixing that date the Governor (with Executive Council advice) puts the Act’s procedural changes into legal effect on that day, affecting the Supreme Court of Tasmania’s civil procedure, court users, legal practitioners and court administration; it does not itself change the Act’s substantive contents."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard commencement proclamation performing exactly its intended function: bringing the parent 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 (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 Governor of Tasmania (with advice from the Executive Council) officially declares that the *Supreme Court Civil Procedure Amendment Act 2019* will start operating on **9 September 2019**.\n\n**Why this matters:**\n- Laws passed by Parliament don't automatically take effect immediately. They often need a proclamation like this to set the actual start date.\n- This tells courts, lawyers, and the public exactly when the new civil procedure rules apply.\n\n**Who it affects:**\n- Anyone involved in civil court cases in Tasmania's Supreme Court, as the Act changes how those cases are handled.\n- Legal practitioners who need to know when new procedural requirements kick in."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-supreme-court-civil-procedure-amendment-act-2019","history":"/api/acts/proclamation-under-the-supreme-court-civil-procedure-amendment-act-2019/history","analysis":"/api/acts/proclamation-under-the-supreme-court-civil-procedure-amendment-act-2019/analysis","conflicts":"/api/acts/proclamation-under-the-supreme-court-civil-procedure-amendment-act-2019/conflicts","importantCases":"/api/acts/proclamation-under-the-supreme-court-civil-procedure-amendment-act-2019/important-cases","documents":"/api/acts/proclamation-under-the-supreme-court-civil-procedure-amendment-act-2019/documents"}}