{"id":"tas:sr-2015-071","name":"Proclamation under the Victims of Crime Assistance Amendment (Funeral Expenses) Act 2015","slug":"proclamation-under-the-victims-of-crime-assistance-amendment-funeral-expenses-act-2015","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"71 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186452,"registerId":"tas-tas:sr-2015-071-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Victims of Crime Assistance Amendment (Funeral Expenses) Act 2015","content":"> Proclamation under the Victims of Crime Assistance Amendment (Funeral Expenses) Act 2015\n\nI, the Administrator 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 [Victims of Crime Assistance Amendment (Funeral Expenses) Act 2015](/view/html/inforce/2026-04-12/act-2015-027) fix 1 November 2015 as the day on which that Act commences.\n\n12 October 2015\n\nSHAN TENNENT\n\nAdministrator\n\nBy Her Excellency's Command,\n\nDR VANESSA GOODWIN\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 21 October 2015\n\nThis proclamation is administered in the Department of Justice.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"If the legislation is truly 'current from 21 October 2015 to date' with no amendments shown in the Table of Amending Instruments, the file should not require modification in 2023. The discrepancy between the commencement date and the file modification date suggests either undisclosed administrative changes occurred or the metadata is misleading as to the instrument's stability.","confidence":0.55,"description":"The proclamation states it is 'current from 21 October 2015 to date' while simultaneously stating 'File last modified 16 August 2023'. A document that has never been amended since its commencement date logically cannot have been modified in 2023, unless the modification was purely administrative/formatting, raising questions about whether the 'current from' date accurately reflects the true state of the instrument."},{"type":"impossible_compliance","section":"Document Structure - Title Repetition","severity":"high","reasoning":"A Proclamation is a legal instrument that must contain operative content — most critically, a commencement date declaration. This document as presented contains zero operative clauses. It is legally incoherent as a standalone instrument: there is nothing to comply with, nothing to enforce, and no legal effect that can be ascertained from its text. Any court or tribunal relying solely on this document could not determine what the proclamation actually proclaims.","confidence":0.72,"description":"The proclamation's title and all major headings are duplicated verbatim multiple times throughout the document (e.g., 'Proclamation under the Victims of Crime Assistance Amendment (Funeral Expenses) Act 2015' appears at least four times as a heading). While likely a rendering artifact, if treated as the authoritative legislative text, the document contains no operative provisions whatsoever — only metadata and repeated headings — making compliance with or interpretation of the proclamation impossible."},{"type":"other","section":"Currency of version","severity":"low","reasoning":"The 3-working-day update commitment paired with an 8-year-later file modification, combined with an apparently empty amendments table, creates an unresolved factual inconsistency about whether this instrument has in fact been altered.","confidence":0.45,"description":"The document states legislation is 'usually updated within 3 working days after a change to the legislation' yet the file modification date of 16 August 2023 is approximately 8 years after the instrument's commencement. If no amendment has occurred, the update statement is vacuous. If an amendment did occur, the Table of Amending Instruments should reflect it but there is no visible amendment data, creating a logical gap."}],"contradictions":[{"severity":"low","section_a":"Currency of version: 'Version current from 21 October 2015 to date'","section_b":"Authorisation: 'File last modified 16 August 2023'","confidence":0.58,"description":"The instrument claims to have been continuously current since 21 October 2015 without amendment, yet the authoritative file was modified on 16 August 2023 — nearly eight years later. These two statements are in direct tension: either the instrument is unchanged (rendering the 2023 modification unexplained) or the instrument was changed (rendering the 'current from 21 October 2015' statement incomplete or misleading as to its amendment history)."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Proclamation does exactly what it was designed to do — commence the parent Act on a specified date. There is no evidence of scope expansion or contraction from the original legislative intent."},"complexity_factors":["Purely procedural document — it contains almost no substantive legal content of its own","Requires cross-referencing the parent Act (Victims of Crime Assistance Amendment (Funeral Expenses) Act 2015) to understand its real-world impact","Standard form proclamation with no discretionary or interpretive elements","Limited scope: single purpose is to set a commencement date"],"plain_english_summary":"This Proclamation formally brings the Victims of Crime Assistance Amendment (Funeral Expenses) Act 2015 into force in Tasmania from 21 October 2015. It activates amendments expanding funeral expense assistance under the victims of crime scheme, affecting families of homicide or crime-related deaths, applicants to the assistance scheme, funeral providers and estate managers."},"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: fixes one commencement date","No defined terms","No cross-references to other legislation (except citation of the parent Act and Rules Publication Act 1953 in administrative notes)","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 new law into effect.\n\n**What it does:**\n- Sets **1 November 2015** as the date when the *Victims of Crime Assistance Amendment (Funeral Expenses) Act 2015* starts operating.\n\n**Who made it:**\n- **Shan Tennent**, the Administrator of Tasmania (acting on behalf of the Governor, who represents the Crown)\n- Issued with advice from the **Executive Council** (Tasmania's top decision-making body of senior ministers)\n- Signed off by **Dr Vanessa Goodwin**, the Minister for Justice\n\n**Why it matters:**\nWithout this proclamation, the Act would remain a \"paper law\" — passed by Parliament but not actually working. The proclamation flips the switch, making the law active so that victims of crime in Tasmania can start claiming assistance with funeral expenses from that date.\n\n**Key context:**\n- The underlying Act amends Tasmania's victims of crime compensation scheme to specifically cover funeral costs for family members killed as a result of crime.\n- Proclamations like this are common when governments want control over *when* a law starts, rather than having it begin automatically after Royal Assent."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Victims of Crime Assistance Amendment (Funeral Expenses) Act 2015; it merely fixes the date on which that Act commences (exercise of power under s 2)."},"complexity_factors":["Single operative clause: fixes a single commencement date.","Authority relied on: exercise of power under section 2 of the named Act.","Administrative formality: signed by the Administrator and Minister, notified in the Gazette.","No substantive rule‑making: does not alter eligibility, payments or obligations—those remain in the Act.","Low compliance burden: proclamation imposes no new duties on private parties."],"plain_english_summary":"**This proclamation brings the Victims of Crime Assistance Amendment (Funeral Expenses) Act 2015 into force on 1 November 2015.** The Administrator, acting with the advice of the Executive Council under section 2, fixed that commencement date. The proclamation itself does not create or change substantive entitlements; it starts the operation of an Act that enables the State to provide funeral‑expense assistance to eligible victims, with the detailed rules and payment arrangements set out in the Act."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-victims-of-crime-assistance-amendment-funeral-expenses-act-2015","history":"/api/acts/proclamation-under-the-victims-of-crime-assistance-amendment-funeral-expenses-act-2015/history","analysis":"/api/acts/proclamation-under-the-victims-of-crime-assistance-amendment-funeral-expenses-act-2015/analysis","conflicts":"/api/acts/proclamation-under-the-victims-of-crime-assistance-amendment-funeral-expenses-act-2015/conflicts","importantCases":"/api/acts/proclamation-under-the-victims-of-crime-assistance-amendment-funeral-expenses-act-2015/important-cases","documents":"/api/acts/proclamation-under-the-victims-of-crime-assistance-amendment-funeral-expenses-act-2015/documents"}}