{"id":"tas:sr-2018-038","name":"Proclamation under the Tasmanian Health Service Act 2018","slug":"proclamation-under-the-tasmanian-health-service-act-2018","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"38 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184932,"registerId":"tas-tas:sr-2018-038-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Tasmanian Health Service Act 2018","content":"> Proclamation under the Tasmanian Health Service Act 2018\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-2018-001#GS2@EN) [Tasmanian Health Service Act 2018](/view/html/inforce/2026-04-12/act-2018-001) fix 1 July 2018 as the day on which the provisions of that Act commence.\n\n18 June 2018\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nMichael Darrel Joseph Ferguson\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 27 June 2018","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"A proclamation purportedly current from 27 June 2018 should logically have been finalised on or before that date. A file modification date of 31 July 2018 — over a month later — suggests the authoritative version was not settled at the time it purportedly took effect, raising questions about what version was operative between 27 June and 31 July 2018.","confidence":0.55,"description":"The proclamation states it is 'current from 27 June 2018 to date' while simultaneously stating 'File last modified 31 July 2018', creating an ambiguity about when the instrument was actually finalised versus when it came into force."},{"type":"other","section":"Document structure - repeated headings throughout","severity":"high","reasoning":"A proclamation is a legislative instrument that must contain operative text — typically specifying a commencement date, an appointed body, or a declared matter under the parent Act. This document consists entirely of duplicated metadata and navigation headers, with zero operative clauses. It is therefore logically impossible to determine what, if anything, is being proclaimed. A proclamation with no substantive content cannot be complied with, interpreted, or applied.","confidence":0.95,"description":"Every heading and section in the instrument is duplicated verbatim (e.g. 'Proclamation under the Tasmanian Health Service Act 2018' appears four times, 'Status Information' appears four times, 'Currency of version' appears four times, etc.), producing a document that contains no operative substantive provisions whatsoever."},{"type":"impossible_compliance","section":"Whole instrument","severity":"high","reasoning":"Under the Tasmanian Health Service Act 2018, a proclamation would ordinarily be used to bring provisions into force or to declare particular matters. Without any operative text, regulated parties, courts, and administrators face an impossible compliance situation: there is nothing to comply with, yet the instrument is registered and listed as current law on the Tasmanian legislation website.","confidence":0.92,"description":"The instrument purports to be a 'Proclamation' — a legislative instrument with operative legal effect — yet contains no operative provisions, no commencement clause, no appointment, and no declaration of any kind."},{"type":"other","section":"Table of Amending Instruments","severity":"medium","reasoning":"For an instrument to have amending instruments, there must be original substantive text capable of being amended. Referencing a table of amendments to a document with no operative provisions is internally incoherent — amendments to nothing produce nothing.","confidence":0.72,"description":"The instrument references a 'Table of Amendments' implying subsequent amendments have been made, yet the document contains no original operative content that could logically be amended."}],"contradictions":[{"severity":"medium","section_a":"Currency of version — 'Version current from 27 June 2018'","section_b":"Authorisation — 'File last modified 31 July 2018'","confidence":0.6,"description":"The instrument claims legal currency from 27 June 2018, but the authoritative file was not finalised until 31 July 2018, creating a 34-day period during which the proclaimed-current version did not yet exist in its authoritative form."},{"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":"Authorisation — 'File last modified 31 July 2018' vs commencement date of 27 June 2018","confidence":0.58,"description":"The site's own currency guarantee (3 working days after a change) is contradicted by the gap of approximately 34 calendar days between the proclaimed commencement date (27 June 2018) and the file modification date (31 July 2018), suggesting the instrument was either backdated or not published within the promised timeframe."}]},"flash_summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the scope or content of the Tasmanian Health Service Act 2018; it solely determines the commencement date (1 July 2018) for the Act's provisions, so substantive obligations and powers arise from that date as defined by the Act."},"complexity_factors":["Single, discrete action: fixes a commencement date only","No substantive amendments to primary legislation","Clear decision-maker identified (Governor acting with Executive Council)","Short, specific text with direct statutory reference (s 2 of the Act)","Includes formal publication detail (Gazette notification)"],"plain_english_summary":"This proclamation, issued by the Governor with the advice of the Executive Council, fixes 1 July 2018 as the day the provisions of the Tasmanian Health Service Act 2018 come into force (under s 2). It does not change the Act's substance; it merely activates the Act's legal obligations and powers from that date. The Governor made the decision; any compliance costs and duties fall on the persons and bodies identified by the Act once it commences."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"No evidence of scope change is apparent. Proclamations are typically mechanical instruments used to commence or give effect to provisions already passed by parliament, and nothing in the available text suggests this proclamation expanded or narrowed the original intent of the Tasmanian Health Service Act 2018."},"complexity_factors":["Proclamations are inherently short and formulaic instruments with limited substantive content","The actual operative text of the proclamation is not included in the provided material, limiting full analysis","Derives its meaning by reference to a parent Act (Tasmanian Health Service Act 2018), requiring cross-referencing to fully understand its effect","Administrative metadata dominates the provided text, obscuring the substantive legal action being taken"],"plain_english_summary":"This proclamation under the Tasmanian Health Service Act 2018 formally brings parts of that Act into effect (around 27 June 2018), effectively establishing the Tasmanian Health Service’s legal operation. It affects patients, public health workers and government health administrators by “switching on” the Act’s practical legal force. The provided text is administrative only; the full operative content isn’t reproduced here, so exact legal details aren’t confirmed."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by definition has a narrow, single-purpose scope: to activate an Act. It has not expanded beyond this original intent."},"complexity_factors":["Single operative provision: fixes one date (1 July 2018)","No defined terms","No cross-references to other legislation beyond citation of the parent Act","No conditional logic or exceptions","Standard proclamation format — essentially a template with blanks filled in","Total length: 5 short paragraphs including formal sign-offs"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that sets the start date for the Tasmanian Health Service Act 2018. The Governor of Tasmania, acting on advice from the government, has declared that the Act will come into force on **1 July 2018**.\n\n**What this means:**\n- Before this proclamation, the Act was passed by Parliament but wasn't yet active law\n- From 1 July 2018 onwards, the Act's rules officially applied\n- This is a standard procedural step — many Acts need a specific 'commencement date' set by the Governor before they can operate\n\n**Who it affects:**\n- The Tasmanian Health Service (the state's public health system)\n- Health workers, patients, and anyone interacting with Tasmania's public hospitals and health services from that date\n\n**Why it matters:**\nWithout this proclamation, the Act would remain inactive 'on the shelf.' This document officially 'switches on' the legislation, allowing the new health service structure to begin operating."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-tasmanian-health-service-act-2018","history":"/api/acts/proclamation-under-the-tasmanian-health-service-act-2018/history","analysis":"/api/acts/proclamation-under-the-tasmanian-health-service-act-2018/analysis","conflicts":"/api/acts/proclamation-under-the-tasmanian-health-service-act-2018/conflicts","importantCases":"/api/acts/proclamation-under-the-tasmanian-health-service-act-2018/important-cases","documents":"/api/acts/proclamation-under-the-tasmanian-health-service-act-2018/documents"}}