{"id":"tas:sr-2012-016","name":"Proclamation under the Tasmanian Health Organisations Act 2011","slug":"proclamation-under-the-tasmanian-health-organisations-act-2011","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"16 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":188340,"registerId":"tas-tas:sr-2012-016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Tasmanian Health Organisations Act 2011","content":"> Proclamation under the Tasmanian Health Organisations Act 2011\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-2011-051#GS2@EN) of the [Tasmanian Health Organisations Act 2011](/view/html/inforce/2026-04-12/act-2011-051) fix 2 April 2012 as the day on which [sections 44](/view/html/inforce/2026-04-12/act-2011-051#GS44@EN) , [45](/view/html/inforce/2026-04-12/act-2011-051#GS45@EN) , [46](/view/html/inforce/2026-04-12/act-2011-051#GS46@EN) , [47](/view/html/inforce/2026-04-12/act-2011-051#GS47@EN) , [50](/view/html/inforce/2026-04-12/act-2011-051#GS50@EN) and [81](/view/html/inforce/2026-04-12/act-2011-051#GS81@EN) of, and [Schedule 6](/view/html/inforce/2026-04-12/act-2011-051#JS6@EN) to, that Act commence.\n\n2 April 2012\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 2 April 2012\n\nThis proclamation is administered in the Department of Health and Human Services.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"medium","reasoning":"A file modification date of 5 July 2017 is inconsistent with a currency start date of 2 April 2012 with no listed amending instruments updating the version date. Either the modification was purely administrative (in which case the modification date is misleading) or it was substantive (in which case the version date is wrong). The instrument cannot simultaneously be unaltered since 2012 and have been modified in 2017.","confidence":0.72,"description":"The document states it is 'current from 2 April 2012 to date' but the file was last modified 5 July 2017, creating an unresolved ambiguity about whether the instrument has actually remained unchanged since 2012 or was substantively altered in 2017 without a corresponding version date update."},{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The assurance of prompt updating is logically hollow when the instrument's own metadata demonstrates a gap between actual file modification (2017) and any reflected version change. The guarantee of currency is internally undermined by the instrument's own history.","confidence":0.65,"description":"The metadata states the legislation is 'usually updated within 3 working days after a change,' yet the version has ostensibly remained current from 2 April 2012 to at least 5 April 2026 — over 14 years — with no version change recorded despite the 2017 file modification. The update-timeliness guarantee becomes meaningless if modifications are not reflected in versioning."},{"type":"other","section":"Document structure - Title repetition","severity":"low","reasoning":"While likely a rendering/formatting error, from a strict legal drafting standpoint a document that contains duplicate headings and section titles could theoretically be argued to contain separate operative provisions with identical names, creating interpretive confusion. The duplication is pervasive and systematic rather than isolated.","confidence":0.55,"description":"The proclamation's title and all major headings are duplicated verbatim multiple times throughout the document (e.g., 'Proclamation under the Tasmanian Health Organisations Act 2011' appears at least four times as a heading, and every status section heading is doubled). A legal instrument that repeats its operative title creates genuine ambiguity about which instance constitutes the authoritative heading."},{"type":"impossible_compliance","section":"Entire instrument","severity":"high","reasoning":"A proclamation by definition must proclaim something. If this reproduction represents the complete instrument, it is a legal nullity — there is nothing to comply with, nothing to interpret, and no legal obligation or right created. Any person seeking to understand their obligations under this instrument would find it impossible to do so from the text as presented.","confidence":0.82,"description":"The proclamation as reproduced contains no operative provisions whatsoever. A proclamation under the Tasmanian Health Organisations Act 2011 is a substantive legal instrument (typically establishing or varying health organisations), yet the entire reproduced text consists solely of metadata, status information, and navigation elements. An instrument with no operative text is logically incapable of achieving any legal effect."}],"contradictions":[{"severity":"medium","section_a":"Status Information - 'Version current from 2 April 2012 to date'","section_b":"Authorisation - 'File last modified 5 July 2017'","confidence":0.75,"description":"The version currency statement asserts the instrument has been in the same form since 2 April 2012, while the authorisation block records a file modification on 5 July 2017. These two statements are mutually contradictory: if the file was modified in 2017, the version currency date should reflect that; if the version is truly unchanged since 2012, the 2017 modification date is false or refers to something other than the legislative content without any explanation."},{"severity":"low","section_a":"Status Information - 'Legislation on this site is usually updated within 3 working days after a change'","section_b":"Table of Amending Instruments - implicit representation that no amendments have altered the version date since 2 April 2012","confidence":0.6,"description":"The site's own update policy (3 working days) contradicts the implication that a 2017 file modification required no version date update. Either the update policy was not followed with respect to this instrument, or the Table of Amending Instruments is incomplete, or the 2017 modification was not a legislative change — but none of these possibilities are disclosed or explained, leaving the two representations in unresolved tension."}]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or text of the Tasmanian Health Organisations Act 2011. It only brings specified provisions (ss 44, 45, 46, 47, 50, 81 and Schedule 6) into force on 2 April 2012; any change in duties, powers, costs or compliance arises from those provisions themselves."},"complexity_factors":["Instrument is a narrow commencement proclamation with a single mechanical purpose (fixing a commencement date).","Effect depends entirely on cross-referencing six named sections and a schedule in the principal Act (requires reading those provisions to assess consequences).","Formality: executed by the Governor on advice of the Executive Council and notified in the Gazette (constitutional/administrative steps).","Administrative responsibility allocated to the Department of Health and Human Services, implying operational implementation tasks.","No amendment or substantive policy change in the proclamation itself; legal impact is indirect and contingent on the content of the commenced provisions."],"plain_english_summary":"This proclamation, made by the Governor on Executive Council advice, fixes 2 April 2012 as the day that sections 44, 45, 46, 47, 50 and 81 and Schedule 6 of the Tasmanian Health Organisations Act 2011 commence. It does not change the wording of the Act; it simply makes the legal effects, duties and powers in those specific provisions operative from that date. Administration responsibility is recorded as the Department of Health and Human Services."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication that the scope of this proclamation has changed from its original intent. It appears to have been in force unchanged since 2 April 2012, with only a file modification noted in 2017 (likely administrative)."},"complexity_factors":["Minimal substantive content provided — the document is largely metadata and status information rather than operative legal text","Proclamations are inherently brief and formulaic instruments with limited independent legal content","Requires cross-referencing with the parent Act (Tasmanian Health Organisations Act 2011) to understand full effect","No amendments of substance are visible in the provided text"],"plain_english_summary":"This proclamation formally activates parts of the Tasmanian Health Organisations Act 2011, bringing specified public health organisational arrangements into legal effect and naming/establishing the health bodies covered. It’s an administrative step that mainly affects patients, health workers and system administrators by fixing the legal structure for delivering public health services; no direct action is required by the public."},"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 specified provisions into force. The scope has not expanded beyond this procedural purpose."},"complexity_factors":["Single operative provision with no defined terms","No conditional logic or exceptions","No cross-references beyond citations to external Act sections","Standard proclamation format — essentially a template with blanks filled in","Total length: 2 substantive sentences"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a Tasmanian health law into force on a particular date.\n\n**What it does:**\n- Activates six specific sections (44, 45, 46, 47, 50 and 81) and Schedule 6 of the *Tasmanian Health Organisations Act 2011*\n- Sets **2 April 2012** as the date these provisions become legally effective\n\n**Why this matters:**\n- Acts of Parliament often don't all start at once. Some parts begin immediately; others need a later \"start date\" set by the Governor (acting on ministerial advice)\n- This proclamation \"switches on\" particular operational provisions — likely dealing with how Tasmanian Health Organisations function, their powers, or administrative arrangements\n- Without this proclamation, those sections would remain dormant (not legally active)\n\n**Who it affects:**\n- Tasmanian Health Organisations (the state's local hospital networks)\n- Health workers and administrators operating under the Act\n- Patients receiving services from these organisations\n\n**Key point:** This is a procedural instrument — it doesn't create new rules itself, but activates rules already written in the 2011 Act."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-tasmanian-health-organisations-act-2011","history":"/api/acts/proclamation-under-the-tasmanian-health-organisations-act-2011/history","analysis":"/api/acts/proclamation-under-the-tasmanian-health-organisations-act-2011/analysis","conflicts":"/api/acts/proclamation-under-the-tasmanian-health-organisations-act-2011/conflicts","importantCases":"/api/acts/proclamation-under-the-tasmanian-health-organisations-act-2011/important-cases","documents":"/api/acts/proclamation-under-the-tasmanian-health-organisations-act-2011/documents"}}