{"id":"tas:sr-2016-080","name":"Proclamation under the Children, Young Persons and Their Families Amendment Act 2013","slug":"tas-sr-2016-080","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"80 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":313969,"registerId":"tas-tas:sr-2016-080-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Children, Young Persons and Their Families Amendment Act 2013","content":"> Proclamation under the Children, Young Persons and Their Families Amendment Act 2013\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 [Children, Young Persons and Their Families Amendment Act 2013](/view/html/inforce/2026-04-12/act-2013-064) fix 1 October 2016 as the day on which [sections 10](/view/html/inforce/2026-04-12/act-2013-064#GS10@EN) , [38](/view/html/inforce/2026-04-12/act-2013-064#GS38@EN) , [40](/view/html/inforce/2026-04-12/act-2013-064#GS40@EN) and [44](/view/html/inforce/2026-04-12/act-2013-064#GS44@EN) of that Act commence.\n\n19 September 2016\n\nC. WARNER\n\nGovernor\n\nBy Her Excellency's Command,\n\nJ. PETRUSMA\n\nMinister for Human Services\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 28 September 2016\n\nThis proclamation is administered in the Department of Health and Human Services.","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"A proclamation of commencement does not alter the scope of the legislation it activates. It simply sets the date from which the Children, Young Persons and Their Families Amendment Act 2013 takes legal effect. No expansion or narrowing of the original legislative intent is evident from this instrument."},"complexity_factors":["The document itself is procedurally simple — it is a proclamation (an 'on' switch for existing legislation), not substantive law","The complexity lies in the underlying Amendment Act, not this instrument","Limited substantive content is visible in the provided text — mostly metadata and version information","The three-year gap between the Act's passage (2013) and commencement (2016) may suggest phased implementation, but this document does not explain why"],"plain_english_summary":"This Proclamation brought key amendments from the Children, Young Persons and Their Families Amendment Act 2013 into force on 28 September 2016. It made the 2013 changes to Tasmania’s child protection framework legally effective, affecting children and families, child protection workers, carers, courts and community organisations involved with vulnerable young people."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not change the substantive scope or text of the Amendment Act. It only fixes the commencement date (1 October 2016) for specified sections and records the administering department, thereby activating those provisions without altering their content."},"complexity_factors":["Narrow legal effect: instrument only fixes a commencement date for specific sections rather than altering substantive law.","Requires cross-reference to the Amendment Act to understand substantive consequences for rights, duties or procedures (additional legal reading needed).","Administrative clarity: identifies decision-maker (Governor with Executive Council advice) and administering department, reducing interpretive ambiguity.","procedural publication requirements noted (Gazette and Rules Publication Act), but no novel compliance mechanisms introduced.","Low stakeholder complexity: affects parties already governed by the underlying Act rather than introducing new classes of persons or obligations."],"plain_english_summary":"This proclamation sets 1 October 2016 as the day four named provisions (sections 10, 38, 40 and 44) of the Children, Young Persons and Their Families Amendment Act 2013 take legal effect. The Governor, acting with Executive Council advice, made the commencement decision; the Department of Health and Human Services will administer the proclamation. It affects the people and agencies to whom those specific Act provisions apply by making those provisions operative; the proclamation itself does not state any financial impacts."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward commencement proclamation performing exactly the function intended — bringing specific provisions into force. There is no scope creep; it does precisely what proclamations are designed to do."},"complexity_factors":["Single operative provision fixing a commencement date","No defined terms","No conditional logic or exceptions","No cross-references to other legislation (except citation of the parent Act and the Rules Publication Act 1953 for procedural compliance)","Standard proclamation format — essentially a template document with blanks filled in"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings specific parts of a law into force on a particular date.\n\n**What it does:**\n- The Governor of Tasmania (acting on ministerial advice) has declared that **four specific sections** of the *Children, Young Persons and Their Families Amendment Act 2013* will start operating on **1 October 2016**.\n- The sections affected are: sections 10, 38, 40, and 44 of that Amendment Act.\n\n**Who it affects:**\n- This is an administrative instrument, so it doesn't directly change anyone's legal rights or obligations. Instead, it **activates** the substantive changes made by those four sections.\n- The underlying Amendment Act likely made changes to Tasmania's child protection and family services laws — affecting children, young people, their families, and the government agencies that work with them.\n\n**Why it matters:**\n- Laws passed by Parliament often don't take effect immediately. This proclamation is the \"switch\" that turns on those specific provisions.\n- Without this proclamation, those four sections would remain dormant (unenforceable) even though Parliament had already passed them.\n- The delayed commencement (three years after the Act was passed in 2013) suggests these sections may have required system changes, funding, or administrative preparation before they could safely operate."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"The currency claim implies active maintenance and contemporaneous validity, yet the last modification date suggests the instrument has been static for nearly 8 years. While not strictly impossible, the boilerplate currency language creates a misleading impression of active currency for what is effectively a frozen document.","confidence":0.55,"description":"The document states it is 'current from 28 September 2016 to date (accessed 8 April 2026 at 1:22)' while simultaneously stating 'File last modified 13 August 2018'. If the file was last modified in 2018, it cannot meaningfully be described as current 'to date' in 2026 without acknowledgement that no updates have occurred in approximately 8 years."},{"type":"self_contradicting","section":"Status Information - Currency of version / Update policy","severity":"medium","reasoning":"A proclamation under the Children, Young Persons and Their Families Amendment Act 2013 covering child protection matters would ordinarily be subject to amendment or supersession over an 8-year period. The coexistence of a 2026 currency date and a 2018 modification date with a stated 3-working-day update policy is internally inconsistent on its face.","confidence":0.5,"description":"The instrument states legislation is 'usually updated within 3 working days after a change to the legislation', yet the file was last modified 13 August 2018. This implies either no changes have been made to this proclamation or its parent Act in approximately 8 years (implausible given the parent Act's scope), or updates have not been applied as represented."},{"type":"other","section":"Document structure - All headings","severity":"low","reasoning":"While this is likely a rendering artefact rather than a substantive legislative defect, a proclamation that cannot be read without ambiguity as to its correct title raises an authentication concern. The truncated title 'Childre' in one rendering could, in a strict legal interpretation, identify a different instrument than the full title, creating potential ambiguity about which instrument is operative.","confidence":0.65,"description":"Every heading in the document is duplicated verbatim (e.g., 'Proclamation under the Childre Proclamation under the Children, Young Persons and Their Families Amendment Act 2013', 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'). The title is also truncated ('Childre') in its first appearance but complete in its second."}],"contradictions":[{"severity":"medium","section_a":"Status Information - Currency of version ('current from 28 September 2016 to date (accessed 8 April 2026 at 1:22)')","section_b":"Authorisation ('File last modified 13 August 2018')","confidence":0.6,"description":"The instrument simultaneously claims to be current and up-to-date as of April 2026 while disclosing that the underlying file has not been modified since August 2018, a gap of approximately 7 years and 8 months. These two representations are in direct tension: either the instrument has been current without modification for nearly 8 years (raising questions about whether downstream legislative changes to the parent Act have been properly captured), or the currency representation is inaccurate."}]}},"importantCases":[],"_links":{"self":"/api/acts/tas-sr-2016-080","history":"/api/acts/tas-sr-2016-080/history","analysis":"/api/acts/tas-sr-2016-080/analysis","conflicts":"/api/acts/tas-sr-2016-080/conflicts","importantCases":"/api/acts/tas-sr-2016-080/important-cases","documents":"/api/acts/tas-sr-2016-080/documents"}}