{"id":"tas:sr-2010-040","name":"Proclamation under the Workers Rehabilitation and Compensation Amendment Act 2009","slug":"proclamation-under-the-workers-rehabilitation-and-compensation-amendment-act-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"40 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314778,"registerId":"tas-tas:sr-2010-040-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Workers Rehabilitation and Compensation Amendment Act 2009","content":"> Proclamation under the Workers Rehabilitation and Compensation Amendment Act 2009\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-2009-085#GS2@EN) [Workers Rehabilitation and Compensation Amendment Act 2009](/view/html/inforce/2026-04-12/act-2009-085) fix 1 July 2010 as the day on which the provisions of that Act commence.\n\n31 May 2010\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nD. J. O'BYRNE\n\nMinister for Workplace Relations\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 9 June 2010\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 commencement proclamation, which by its nature has a single, narrow purpose: to bring an Act into force. It has not expanded beyond this original intent."},"complexity_factors":["Single operative provision: only sets a commencement date","No defined terms","No cross-references to other legislation beyond citation of the parent Act","No conditional logic or exceptions","Standard proclamation format following Tasmanian constitutional conventions"],"plain_english_summary":"This is a formal government notice (called a 'proclamation') that sets the start date for a Tasmanian law about workers' compensation.\n\n**What it does:**\n- The *Workers Rehabilitation and Compensation Amendment Act 2009* was passed by Parliament, but it needed an official 'start date' before it could actually take effect.\n- This proclamation fixes **1 July 2010** as that start date.\n\n**Who it affects:**\n- Tasmanian employers and workers covered by the state's workers' compensation scheme.\n- The government department responsible for administering workplace injury laws.\n\n**Why it matters:**\n- Laws passed by Parliament often don't start immediately. This document is the legal trigger that makes the 2009 amendments actually come into force.\n- Without this proclamation, the changes to workers' compensation law would remain inactive on the statute books."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or content of the Amendment Act; it only fixes the date (1 July 2010) on which the Act's provisions commence under the authority of section 2. No coverage, rights or obligations are altered by this proclamation—only their effective date."},"complexity_factors":["Single, discrete action: fixes a commencement date rather than altering substantive law.","Legal dependency: relies on section 2 of the Amendment Act to authorise commencement.","Formal procedure: requires Governor in Council decision and Gazette notification.","Administrative link: identifies the Department of Justice as administering the proclamation.","Stakeholder timing risk: imposes a concrete start date that requires operational readiness by employers, insurers and agencies.","Low discretion: no ongoing regulatory or interpretive powers created by the proclamation itself."],"plain_english_summary":"This proclamation sets 1 July 2010 as the day the provisions of the Workers Rehabilitation and Compensation Amendment Act 2009 start to operate. The Governor, acting with Executive Council advice, issued the commencement date and the proclamation was notified in the Gazette and is administered by the Department of Justice. Mechanically, legal rights, obligations and administrative duties created or changed by that Amendment Act begin to apply from 1 July 2010, imposing compliance requirements on employers, workers and insurers (see s 2)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"medium","reasoning":"A document that claims currency up to an access date in 2026 but whose file was last substantively modified in 2018 creates an internal tension: either the document has been updated (contradicting the modification date) or it has not been updated (contradicting the currency claim). The 'usually updated within 3 working days' assurance compounds this by implying active maintenance inconsistent with an 8-year-old modification timestamp.","confidence":0.72,"description":"The document states it is 'current from 9 June 2010 to date (accessed 8 April 2026 at 1:36)' while simultaneously stating 'File last modified 3 September 2018'. If the file was last modified in 2018, it cannot logically be 'current to date' in 2026 without qualification, as any post-2018 legal developments would not be reflected."},{"type":"other","section":"Structure/Formatting","severity":"low","reasoning":"While likely a rendering/publishing artefact rather than a drafting flaw, the systematic duplication of every title element means the document as presented cannot be relied upon as a clean authoritative text. In a legal instrument, the integrity of the document's form is relevant to its authoritative status.","confidence":0.85,"description":"Every heading and section title in this proclamation is duplicated verbatim (e.g., 'Authorisation Authorisation', 'Currency of version Currency of version', 'Table of Amending Instruments Table of Amending Instruments'). A proclamation that doubles every operative heading creates ambiguity about which instance is authoritative and whether any substantive content has similarly been duplicated or omitted."},{"type":"impossible_compliance","section":"Proclamation generally","severity":"high","reasoning":"A proclamation is an executive instrument used to bring legislation into force on a specified date. Without any operative clause stating what is being proclaimed and from what date, the instrument cannot fulfil its legal function. Any person seeking to rely on this instrument to determine when the Amendment Act commenced would find it impossible to do so from the text provided.","confidence":0.78,"description":"The document purports to be a 'Proclamation under the Workers Rehabilitation and Compensation Amendment Act 2009' but contains no operative proclamation text whatsoever — no commencement date is proclaimed, no provisions are brought into force, and no Governor's signature or executive action is recorded. A proclamation with no operative content is a legal nullity."}],"contradictions":[{"severity":"medium","section_a":"Currency of version: 'Version current from 9 June 2010 to date (accessed 8 April 2026 at 1:36)'","section_b":"Authorisation: 'File last modified 3 September 2018'","confidence":0.7,"description":"The version currency claim asserts the document reflects the law as at April 2026, while the file modification date indicates no changes have been made since September 2018, a period of approximately 7.5 years. These two statements are irreconcilable if any amendments were made to the instrument or its legislative basis after September 2018."},{"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 3 September 2018'","confidence":0.6,"description":"The assurance of updates within 3 working days of any legislative change implies ongoing active maintenance, yet the file has not been modified since 2018. Either no relevant changes have occurred in 7.5 years (plausible for a spent proclamation) or the 3-working-day update commitment has not been met, contradicting the reliability assurance given to users."}]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A commencement proclamation has a fixed and narrow purpose: to bring legislation into force on a specified date. There is no evidence of scope change from that original intent. The document does exactly what this type of instrument is designed to do."},"complexity_factors":["The document is a commencement proclamation only — it contains no substantive legal rules or obligations of its own","Very short and procedural in nature with minimal operative content visible","Complexity is somewhat deferred — the actual legal complexity lives in the parent Amendment Act, not this document","Standard form government instrument with limited interpretive ambiguity"],"plain_english_summary":"This Proclamation, under the Workers Rehabilitation and Compensation Amendment Act 2009 (Tas.), formally fixes the commencement date (on or about 9 June 2010) for that Amendment Act or parts of it. \n\nIt makes the Act’s changes to workplace injury, compensation and rehabilitation law legally effective in Tasmania, affecting injured workers, employers, insurers and professionals handling claims."}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-workers-rehabilitation-and-compensation-amendment-act-2009","history":"/api/acts/proclamation-under-the-workers-rehabilitation-and-compensation-amendment-act-2009/history","analysis":"/api/acts/proclamation-under-the-workers-rehabilitation-and-compensation-amendment-act-2009/analysis","conflicts":"/api/acts/proclamation-under-the-workers-rehabilitation-and-compensation-amendment-act-2009/conflicts","importantCases":"/api/acts/proclamation-under-the-workers-rehabilitation-and-compensation-amendment-act-2009/important-cases","documents":"/api/acts/proclamation-under-the-workers-rehabilitation-and-compensation-amendment-act-2009/documents"}}