2005
2005
2013-07-01
act
government
publicgeneral
act.reprint
act-2012-066
allinforce
2005-09-13
2005-09-13
0
2005
none
act-2005-077
625dc2ba-f967-4c3d-bb2b-7fb08b1f85fe
411e6e3f-1675-40af-b1cb-8b131f551c76
Does not include amendments
by:
Inspector of
Custodial Services Act 2012 No 55 (not commenced)
Work Health and Safety (Mines) Act
2013 No 54 (not commenced)
An Act to enact in New South Wales provisions to
promote uniform laws of defamation in Australia; to repeal the Defamation Act 1974; to amend the
Crimes Act 1900 in relation to criminal
defamation; to amend the Limitation Act
1969 in relation to the limitation period for defamation
actions; and for other purposes.
Part 1Preliminary
1Name of
Act
This Act is the Defamation Act
2005.
2Commencement
This Act commences on 1 January
2006.
3Objects of
Act
The objects of this Act are:
(a)
to enact provisions to promote uniform laws of
defamation in Australia, and
(b)
to ensure that the law of defamation does not
place unreasonable limits on freedom of expression and, in particular, on the
publication and discussion of matters of public interest and importance,
and
(c)
to provide effective and fair remedies for
persons whose reputations are harmed by the publication of defamatory matter,
and
(d)
to promote speedy and non-litigious methods of
resolving disputes about the publication of defamatory
matter.
4Definitions
In this Act:
Australian court means any court
established by or under a law of an Australian jurisdiction (including a court
conducting committal proceedings for an indictable offence).
Australian jurisdiction
means:
(a)
a State, or
(b)
a Territory, or
(c)
the Commonwealth.
Australian tribunal means any
tribunal (other than a court) established by or under a law of an Australian
jurisdiction that has the power to take evidence from witnesses before it on
oath or affirmation (including a Royal Commission or other special commission
of inquiry).
country includes:
(a)
a federation and a state, territory, province or
other part of a federation, and
(b)
an Australian
jurisdiction.
document means any record of
information, and includes:
(a)
anything on which there is writing,
and
(b)
anything on which there are marks, figures,
symbols or perforations having a meaning for persons qualified to interpret
them, and
(c)
anything from which sounds, images or writings
can be reproduced with or without the aid of anything else,
and
(d)
a map, plan, drawing or
photograph.
electronic communication includes a
communication of information in the form of data, text, images or sound (or
any combination of these) by means of guided or unguided electromagnetic
energy, or both.
general
law means the common law and equity.
matter includes:
(a)
an article, report, advertisement or other thing
communicated by means of a newspaper, magazine or other periodical,
and
(b)
a program, report, advertisement or other thing
communicated by means of television, radio, the Internet or any other form of
electronic communication, and
(c)
a letter, note or other writing,
and
(d)
a picture, gesture or oral utterance,
and
(e)
any other thing by means of which something may
be communicated to a person.
offer to
make amends means an offer to make amends under Division 1
of Part 3.
parliamentary body means:
(a)
a parliament or legislature of any country,
or
(b)
a house of a parliament or legislature of any
country, or
(c)
a committee of a parliament or legislature of any
country, or
(d)
a committee of a house or houses of a parliament
or legislature of any country.
substantially true means true in
substance or not materially different from the truth.
Territory means the Australian
Capital Territory or the Northern Territory.
this
jurisdiction means New South Wales.
5Act to bind
Crown
This Act binds the Crown in right of this
jurisdiction and, in so far as the legislative power of the Parliament of this
jurisdiction permits, the Crown in all its other
capacities.
Part 2General
principles
Division 1Defamation and the general
law
6Tort of
defamation
(1)
This Act relates to the tort of defamation at
general law.
(2)
This Act does not affect the operation of the
general law in relation to the tort of defamation except to the extent that
this Act provides otherwise (whether expressly or by necessary
implication).
(3)
Without limiting subsection (2), the general law
as it is from time to time applies for the purposes of this Act as if the
following legislation had never been enacted:
(a)
the Defamation Act
1958,
(b)
the Defamation Act
1974.
7Distinction between slander
and libel abolished
(1)
The distinction at general law between slander
and libel is abolished.
(2)
Accordingly, the publication of defamatory matter
of any kind is actionable without proof of special
damage.
Division 2Causes of action for
defamation
8Single cause of action for
multiple defamatory imputations in same matter
A person has a single cause of action for
defamation in relation to the publication of defamatory matter about the
person even if more than one defamatory imputation about the person is carried
by the matter.
9Certain corporations do not
have cause of action for defamation
(1)
A corporation has no cause of action for
defamation in relation to the publication of defamatory matter about the
corporation unless it was an excluded corporation at the time of the
publication.
(2)
A corporation is an excluded corporation
if:
(a)
the objects for which it is formed do not include
obtaining financial gain for its members or corporators,
or
(b)
it employs fewer than 10 persons and is not
related to another corporation,
and the corporation is not a public
body.
(3)
In counting employees for the purposes of
subsection (2) (b), part-time employees are to be taken into account as an
appropriate fraction of a full-time equivalent.
(4)
In determining whether a corporation is related
to another corporation for the purposes of subsection (2) (b), section 50 of
the Corporations Act 2001 of the
Commonwealth applies as if references to bodies corporate in that section were
references to corporations within the meaning of this
section.
(5)
Subsection (1) does not affect any cause of
action for defamation that an individual associated with a corporation has in
relation to the publication of defamatory matter about the individual even if
the publication of the same matter also defames the
corporation.
(6)
In this section:
corporation includes any body
corporate or corporation constituted by or under a law of any country
(including by exercise of a prerogative right), whether or not a public
body.
public
body means a local government body or other governmental or
public authority constituted by or under a law of any
country.
10No cause of action for
defamation of, or against, deceased persons
A person (including a personal representative of
a deceased person) cannot assert, continue or enforce a cause of action for
defamation in relation to:
(a)
the publication of defamatory matter about a
deceased person (whether published before or after his or her death),
or
(b)
the publication of defamatory matter by a person
who has died since publishing the matter.
Division 3Choice of
law
11Choice of law for defamation
proceedings
(1)
If a matter is published wholly within a
particular Australian jurisdictional area, the substantive law that is
applicable in that area must be applied in this jurisdiction to determine any
cause of action for defamation based on the publication.
(2)
If there is a multiple publication of matter in
more than one Australian jurisdictional area, the substantive law applicable
in the Australian jurisdictional area with which the harm occasioned by the
publication as a whole has its closest connection must be applied in this
jurisdiction to determine each cause of action for defamation based on the
publication.
(3)
In determining the Australian jurisdictional area
with which the harm occasioned by a publication of matter has its closest
connection, a court may take into account:
(a)
the place at the time of publication where the
plaintiff was ordinarily resident or, in the case of a corporation that may
assert a cause of action for defamation, the place where the corporation had
its principal place of business at that time, and
(b)
the extent of publication in each relevant
Australian jurisdictional area, and
(c)
the extent of harm sustained by the plaintiff in
each relevant Australian jurisdictional area, and
(d)
any other matter that the court considers
relevant.
(4)
For the purposes of this section, the substantive law applicable in an
Australian jurisdictional area does not include any law prescribing rules for
choice of law that differ from the rules prescribed by this
section.
(5)
In this section:
Australian jurisdictional area
means:
(a)
the geographical area of Australia that lies
within the territorial limits of a particular State (including its coastal
waters), but not including any territory, place or other area referred to in
paragraph (c), or
(b)
the geographical area of Australia that lies
within the territorial limits of a particular Territory (including its coastal
waters), but not including any territory, place or other area referred to in
paragraph (c), or
(c)
any territory, place or other geographical area
of Australia over which the Commonwealth has legislative competence but over
which no State or Territory has legislative
competence.
geographical area of Australia
includes:
(a)
the territorial sea of Australia,
and
(b)
the external Territories of the
Commonwealth.
multiple
publication means publication by a particular person of the
same, or substantially the same, matter in substantially the same form to 2 or
more persons.
Part 3Resolution of civil disputes
without litigation
Division 1Offers to make
amends
12Application of
Division
(1)
This Division applies if a person (the publisher) publishes matter (the
matter in
question) that is, or may be, defamatory of another person
(the aggrieved
person).
(2)
The provisions of this Division may be used
instead of the provisions of any rules of court or any other law in relation
to payment into court or offers of compromise.
(3)
Nothing in this Division prevents a publisher or
aggrieved person from making or accepting a settlement offer in relation to
the publication of the matter in question otherwise than in accordance with
the provisions of this Division.
13Publisher may make offer to
make amends
(1)
The publisher may make an offer to make amends to
the aggrieved person.
(2)
The offer may be:
(a)
in relation to the matter in question generally,
or
(b)
limited to any particular defamatory imputations
that the publisher accepts that the matter in question
carries.
(3)
If 2 or more persons published the matter in
question, an offer to make amends by one or more of them does not affect the
liability of the other or others.
(4)
An offer to make amends is taken to have been
made without prejudice, unless the offer provides
otherwise.
14When offer to make amends may
be made
(1)
An offer to make amends cannot be made if:
(a)
28 days have elapsed since the publisher was
given a concerns notice by the aggrieved person, or
(b)
a defence has been served in an action brought by
the aggrieved person against the publisher in relation to the matter in
question.
(2)
A notice is a concerns notice for the purposes of
this section if the notice:
(a)
is in writing, and
(b)
informs the publisher of the defamatory
imputations that the aggrieved person considers are or may be carried about
the aggrieved person by the matter in question (the imputations of
concern).
(3)
If an aggrieved person gives the publisher a
concerns notice, but fails to particularise the imputations of concern
adequately, the publisher may give the aggrieved person a written notice (a
further
particulars notice) requesting the aggrieved person to
provide reasonable further particulars about the imputations of concern as
specified in the further particulars notice.
(4)
An aggrieved person to whom a further particulars
notice is given must provide the reasonable further particulars specified in
the notice within 14 days (or any further period agreed by the publisher and
aggrieved person) after being given the notice.
(5)
An aggrieved person who fails to provide the
reasonable further particulars specified in a further particulars notice
within the applicable period is taken not to have given the publisher a
concerns notice for the purposes of this section.
15Content of offer to make
amends
(1)
An offer to make amends:
(a)
must be in writing, and
(b)
must be readily identifiable as an offer to make
amends under this Division, and
(c)
if the offer is limited to any particular
defamatory imputations—must state that the offer is so limited and
particularise the imputations to which the offer is limited,
and
(d)
must include an offer to publish, or join in
publishing, a reasonable correction of the matter in question or, if the offer
is limited to any particular defamatory imputations, the imputations to which
the offer is limited, and
(e)
if material containing the matter has been given
to someone else by the publisher or with the publisher’s
knowledge—must include an offer to take, or join in taking, reasonable
steps to tell the other person that the matter is or may be defamatory of the
aggrieved person, and
(f)
must include an offer to pay the expenses
reasonably incurred by the aggrieved person before the offer was made and the
expenses reasonably incurred by the aggrieved person in considering the offer,
and
(g)
may include any other kind of offer, or
particulars of any other action taken by the publisher, to redress the harm
sustained by the aggrieved person because of the matter in question, including
(but not limited to):
(i)
an offer to publish, or join in publishing, an
apology in relation to the matter in question or, if the offer is limited to
any particular defamatory imputations, the imputations to which the offer is
limited, or
(ii)
an offer to pay compensation for any economic or
non-economic loss of the aggrieved person, or
(iii)
the particulars of any correction or apology
made, or action taken, before the date of the
offer.
(2)
Without limiting subsection (1) (g) (ii), an
offer to pay compensation may comprise or include any one or more of the
following:
(a)
an offer to pay a stated
amount,
(b)
an offer to pay an amount to be agreed between
the publisher and the aggrieved person,
(c)
an offer to pay an amount determined by an
arbitrator appointed, or agreed on, by the publisher and the aggrieved
person,
(d)
an offer to pay an amount determined by a
court.
(3)
If an offer to make amends is accepted, a court
may, on the application of the aggrieved person or publisher,
determine:
(a)
if the offer provides for a court to determine
the amount of compensation payable under the offer—the amount of
compensation to be paid under the offer, and
(b)
any other question that arises about what must be
done to carry out the terms of the offer.
(4)
The powers conferred on a court by subsection (3)
are exercisable:
(a)
if the aggrieved person has brought proceedings
against the publisher in any court for defamation in relation to the matter in
question, by that court in those proceedings, and
(b)
except as provided in paragraph (a), by the
Supreme Court.
16Withdrawal of offer to make
amends
(1)
An offer to make amends may be withdrawn before
it is accepted by notice in writing given to the aggrieved
person.
(2)
A publisher who has withdrawn an offer to make
amends may make a renewed offer.
(3)
A renewed offer may (but need not) be in the same
terms as the withdrawn offer.
(4)
A renewed offer is to be treated as a new offer
(including for the purposes of section 14).
(5)
However, the time limit specified in section 14
for the making of offers to make amends does not prevent the making of a
renewed offer that is not in the same terms as the withdrawn offer if:
(a)
the renewed offer represents a genuine attempt by
the publisher to address matters of concern raised by the aggrieved person
about the withdrawn offer, and
(b)
the renewed offer is made within 14 days after
the withdrawal of the withdrawn offer or any other period agreed by the
publisher and the aggrieved person.
17Effect of acceptance of offer
to make amends
(1)
If the publisher carries out the terms of an
offer to make amends (including payment of any compensation under the offer)
that is accepted, the aggrieved person cannot assert, continue or enforce an
action for defamation against the publisher in relation to the matter in
question even if the offer was limited to any particular defamatory
imputations.
(2)
A court may (but need not):
(a)
order the publisher to pay the aggrieved person
the expenses reasonably incurred by the aggrieved person as a result of
accepting the offer, and
(b)
order any costs incurred by the aggrieved person
that form part of those expenses to be assessed on an indemnity
basis.
(3)
The powers conferred on a court by subsection (2)
are exercisable:
(a)
if the aggrieved person has brought proceedings
against the publisher in any court for defamation in relation to the matter in
question, by that court in those proceedings, and
(b)
except as provided in paragraph (a), by the
Supreme Court.
18Effect of failure to accept
reasonable offer to make amends
(1)
If an offer to make amends is made in relation to
the matter in question but is not accepted, it is a defence to an action for
defamation against the publisher in relation to the matter if:
(a)
the publisher made the offer as soon as
practicable after becoming aware that the matter is or may be defamatory,
and
(b)
at any time before the trial the publisher was
ready and willing, on acceptance of the offer by the aggrieved person, to
carry out the terms of the offer, and
(c)
in all the circumstances the offer was
reasonable.
(2)
In determining whether an offer to make amends is
reasonable, a court:
(a)
must have regard to any correction or apology
published before any trial arising out of the matter in question, including
the extent to which the correction or apology is brought to the attention of
the audience of the matter in question taking into account:
(i)
the prominence given to the correction or apology
as published in comparison to the prominence given to the matter in question
as published, and
(ii)
the period that elapses between publication of
the matter in question and publication of the correction or apology,
and
(b)
may have regard to:
(i)
whether the aggrieved person refused to accept an
offer that was limited to any particular defamatory imputations because the
aggrieved person did not agree with the publisher about the imputations that
the matter in question carried, and
(ii)
any other matter that the court considers
relevant.
19Inadmissibility of evidence of
certain statements and admissions
(1)
Evidence of any statement or admission made in
connection with the making or acceptance of an offer to make amends is not
admissible as evidence in any legal proceedings (whether criminal or
civil).
(2)
Subsection (1) does not prevent the admission of
evidence in any legal proceedings in order to determine:
(a)
any issue arising under, or relating to the
application of, a provision of this Division, or
(b)
costs in defamation
proceedings.
Division 2Apologies
20Effect of apology on liability
for defamation
(1)
An apology made by or on behalf of a person in
connection with any defamatory matter alleged to have been published by the
person:
(a)
does not constitute an express or implied
admission of fault or liability by the person in connection with that matter,
and
(b)
is not relevant to the determination of fault or
liability in connection with that matter.
(2)
Evidence of an apology made by or on behalf of a
person in connection with any defamatory matter alleged to have been published
by the person is not admissible in any civil proceedings as evidence of the
fault or liability of the person in connection with that
matter.
(3)
Nothing in this section limits the operation of
section 38.
Part 4Litigation of civil
disputes
Division 1General
21Election for defamation
proceedings to be tried by jury
(1)
Unless the court orders otherwise, a plaintiff or
defendant in defamation proceedings may elect for the proceedings to be tried
by jury.
(2)
An election must be:
(a)
made at the time and in the manner prescribed by
the rules of court for the court in which the proceedings are to be tried,
and
(b)
accompanied by the fee (if any) prescribed by the
regulations made under the Civil Procedure
Act 2005 for the requisition of a jury in that
court.
(3)
Without limiting subsection (1), a court may
order that defamation proceedings are not to be tried by jury if:
(a)
the trial requires a prolonged examination of
records, or
(b)
the trial involves any technical, scientific or
other issue that cannot be conveniently considered and resolved by a
jury.
22Roles of judicial officers and
juries in defamation proceedings
(1)
This section applies to defamation proceedings
that are tried by jury.
(2)
The jury is to determine whether the defendant
has published defamatory matter about the plaintiff and, if so, whether any
defence raised by the defendant has been established.
(3)
If the jury finds that the defendant has
published defamatory matter about the plaintiff and that no defence has been
established, the judicial officer and not the jury is to determine the amount
of damages (if any) that should be awarded to the plaintiff and all unresolved
issues of fact and law relating to the determination of that
amount.
(4)
If the proceedings relate to more than one cause
of action for defamation, the jury must give a single verdict in relation to
all causes of action on which the plaintiff relies unless the judicial officer
orders otherwise.
(5)
Nothing in this section:
(a)
affects any law or practice relating to special
verdicts, or
(b)
requires or permits a jury to determine any issue
that, at general law, is an issue to be determined by the judicial
officer.
23Leave required for further
proceedings in relation to publication of same defamatory
matter
If a person has brought defamation proceedings
for damages (whether in this jurisdiction or elsewhere) against any person in
relation to the publication of any matter, the person cannot bring further
defamation proceedings for damages against the same defendant in relation to
the same or any other publication of the same or like matter, except with the
leave of the court in which the further proceedings are to be
brought.
Division 2Defences
24Scope of defences under
general law and other law not limited
(1)
A defence under this Division is additional to
any other defence or exclusion of liability available to the defendant apart
from this Act (including under the general law) and does not of itself
vitiate, limit or abrogate any other defence or exclusion of
liability.
(2)
If a defence under this Division to the
publication of defamatory matter may be defeated by proof that the publication
was actuated by malice, the general law applies in defamation proceedings in
which the defence is raised to determine whether a particular publication of
matter was actuated by malice.
s 24: Am 2005 No 98,
Sch 2.14 [1].
25Defence of
justification
It is a defence to the publication of defamatory
matter if the defendant proves that the defamatory imputations carried by the
matter of which the plaintiff complains are substantially
true.
26Defence of contextual
truth
It is a defence to the publication of defamatory
matter if the defendant proves that:
(a)
the matter carried, in addition to the defamatory
imputations of which the plaintiff complains, one or more other imputations
(contextual imputations) that are
substantially true, and
(b)
the defamatory imputations do not further harm
the reputation of the plaintiff because of the substantial truth of the
contextual imputations.
27Defence of absolute
privilege
(1)
It is a defence to the publication of defamatory
matter if the defendant proves that it was published on an occasion of
absolute privilege.
(2)
Without limiting subsection (1), matter is
published on an occasion of absolute privilege if:
(a)
the matter is published in the course of the
proceedings of a parliamentary body, including (but not limited to):
(i)
the publication of a document by order, or under
the authority, of the body, and
(ii)
the publication of the debates and proceedings of
the body by or under the authority of the body or any law,
and
(iii)
the publication of matter while giving evidence
before the body, and
(iv)
the publication of matter while presenting or
submitting a document to the body, or
(b)
the matter is published in the course of the
proceedings of an Australian court or Australian tribunal, including (but not
limited to):
(i)
the publication of matter in any document filed
or lodged with, or otherwise submitted to, the court or tribunal (including
any originating process), and
(ii)
the publication of matter while giving evidence
before the court or tribunal, and
(iii)
the publication of matter in any judgment, order
or other determination of the court or tribunal, or
(c)
the matter is published on an occasion that, if
published in another Australian jurisdiction, would be an occasion of absolute
privilege in that jurisdiction under a provision of a law of the jurisdiction
corresponding to this section, or
(d)
the matter is published by a person or body in
any circumstances specified in Schedule 1.
28Defence for publication of
public documents
(1)
It is a defence to the publication of defamatory
matter if the defendant proves that the matter was contained in:
(a)
a public document or a fair copy of a public
document, or
(b)
a fair summary of, or a fair extract from, a
public document.
(2)
For the purposes of subsection (1), if a report
or other document under the law of a country would be a public document except
for non-compliance with a provision of that law about:
(a)
the formal requirements for the content or layout
of the report or document, or
(b)
the time within which the report or document is
prepared, or presented, submitted, tabled or laid to or before a person or
body,
the report or document is a public document despite that
non-compliance.
(3)
A defence established under subsection (1) is
defeated if, and only if, the plaintiff proves that the defamatory matter was
not published honestly for the information of the public or the advancement of
education.
(4)
In this section, public document means:
(a)
any report or paper published by a parliamentary
body, or a record of votes, debates or other proceedings relating to a
parliamentary body published by or under the authority of the body or any law,
or
(b)
any judgment, order or other determination of a
court or arbitral tribunal of any country in civil proceedings and
including:
(i)
any record of the court or tribunal relating to
the judgment, order or determination or to its enforcement or satisfaction,
and
(ii)
any report of the court or tribunal about its
judgment, order or determination and the reasons for its judgment, order or
determination, or
(c)
any report or other document that under the law
of any country:
(i)
is authorised to be published,
or
(ii)
is required to be presented or submitted to,
tabled in, or laid before, a parliamentary body, or
(d)
any document issued by the government (including
a local government) of a country, or by an officer, employee or agency of the
government, for the information of the public, or
(e)
any record or other document open to inspection
by the public that is kept:
(i)
by an Australian jurisdiction,
or
(ii)
by a statutory authority of an Australian
jurisdiction, or
(iii)
by an Australian court, or
(iv)
under legislation of an Australian jurisdiction,
or
(f)
any other document issued, kept or published by a
person, body or organisation of another Australian jurisdiction that is
treated in that jurisdiction as a public document under a provision of a law
of the jurisdiction corresponding to this section, or
(g)
any document of a kind specified in Schedule
2.
29Defences of fair report of
proceedings of public concern
(1)
It is a defence to the publication of defamatory
matter if the defendant proves that the matter was, or was contained in, a
fair report of any proceedings of public concern.
(2)
It is a defence to the publication of defamatory
matter if the defendant proves that:
(a)
the matter was, or was contained in, an earlier
published report of proceedings of public concern, and
(b)
the matter was, or was contained in, a fair copy
of, a fair summary of, or a fair extract from, the earlier published report,
and
(c)
the defendant had no knowledge that would
reasonably make the defendant aware that the earlier published report was not
fair.
(3)
A defence established under subsection (1) or (2)
is defeated if, and only if, the plaintiff proves that the defamatory matter
was not published honestly for the information of the public or the
advancement of education.
(4)
In this section, proceedings of public concern
means:
(a)
any proceedings in public of a parliamentary
body, or
(b)
any proceedings in public of an international
organisation of any countries or of the governments of any countries,
or
(c)
any proceedings in public of an international
conference at which the governments of any countries are represented,
or
(d)
any proceedings in public of:
(i)
the International Court of Justice, or any other
judicial or arbitral tribunal, for the decision of any matter in dispute
between nations, or
(ii)
any other international judicial or arbitral
tribunal, or
(e)
any proceedings in public of a court or arbitral
tribunal of any country, or
(f)
any proceedings in public of an inquiry held
under the law of any country or under the authority of the government of any
country, or
(g)
any proceedings in public of a local government
body of any Australian jurisdiction, or
(h)
proceedings of a learned society, or of a
committee or governing body of the society, under its relevant objects, but
only to the extent that the proceedings relate to a decision or adjudication
made in Australia about:
(i)
a member or members of the society,
or
(ii)
a person subject by contract or otherwise by law
to control by the society, or
(i)
proceedings of a sport or recreation association,
or of a committee or governing body of the association, under its relevant
objects, but only to the extent that the proceedings relate to a decision or
adjudication made in Australia about:
(i)
a member or members of the association,
or
(ii)
a person subject by contract or otherwise by law
to control by the association, or
(j)
proceedings of a trade association, or of a
committee or governing body of the association, under its relevant objects,
but only to the extent that the proceedings relate to a decision or
adjudication made in Australia about:
(i)
a member or members of the association,
or
(ii)
a person subject by contract or otherwise by law
to control by the association, or
(k)
any proceedings of a public meeting (with or
without restriction on the people attending) of shareholders of a public
company under the Corporations Act 2001 of the
Commonwealth held anywhere in Australia, or
(l)
any proceedings of a public meeting (with or
without restriction on the people attending) held anywhere in Australia if the
proceedings relate to a matter of public interest, including the advocacy or
candidature of a person for public office, or
(m)
any proceedings of an ombudsman of any country if
the proceedings relate to a report of the ombudsman, or
(n)
any proceedings in public of a law reform body of
any country, or
(o)
any other proceedings conducted by, or
proceedings of, a person, body or organisation of another Australian
jurisdiction that are treated in that jurisdiction as proceedings of public
concern under a provision of a law of the jurisdiction corresponding to this
section, or
(p)
any proceedings of a kind specified in Schedule
3.
(5)
In this section:
law
reform body of a country means a body (however described and
whether or not permanent or full-time) established by law to conduct inquiries
into, and to make recommendations on, reforming the laws of that
country.
learned
society means a body, wherever formed:
(a)
the objects of which include the advancement of
any art, science or religion or the advancement of learning in any field,
and
(b)
authorised by its constitution:
(i)
to exercise control over, or adjudicate on,
matters connected with those objects, and
(ii)
to make findings or decisions having effect, by
law or custom, in any part of Australia.
ombudsman of a country means a
person (however described and whether or not permanent or full-time)
authorised by law to investigate complaints about the actions or other conduct
of any public officials or public bodies of that country.
relevant
objects of a learned society, sport or recreation
association or trade association means:
(a)
in relation to a learned society—objects of
the kind referred to in paragraph (a) of the definition of learned
society in this subsection, or
(b)
in relation to a sport or recreation
association—objects of the kind referred to in paragraph (a) of the
definition of sport or
recreation association in this subsection,
or
(c)
in relation to a trade association—objects
of the kind referred to in paragraph (a) of the definition of trade
association in this subsection.
sport or
recreation association means a body, wherever formed:
(a)
the objects of which include the promotion of any
game, sport, or pastime to the playing of which or exercise of which the
public is admitted as spectators or otherwise and the promotion or protection
of the interests of people connected with the game, sport, or pastime,
and
(b)
authorised by its constitution:
(i)
to exercise control over, or adjudicate on,
matters connected with the game, sport, or pastime, and
(ii)
to make findings or decisions having effect, by
law or custom, in any part of Australia.
trade
association means a body, wherever formed:
(a)
the objects of which include the promotion of any
calling, that is to say, a trade, business, industry or profession and the
promotion or protection of the interests of people engaged in any calling,
and
(b)
authorised by its constitution:
(i)
to exercise control over, or adjudicate on,
matters connected with a calling or the conduct of people engaged in the
calling, and
(ii)
to make findings or decisions having effect, by
law or custom, in any part of Australia.
30Defence of qualified privilege
for provision of certain information
(1)
There is a defence of qualified privilege for the
publication of defamatory matter to a person (the recipient) if the defendant proves
that:
(a)
the recipient has an interest or apparent
interest in having information on some subject, and
(b)
the matter is published to the recipient in the
course of giving to the recipient information on that subject,
and
(c)
the conduct of the defendant in publishing that
matter is reasonable in the circumstances.
(2)
For the purposes of subsection (1), a recipient
has an apparent interest in having information on some subject if, and only
if, at the time of the publication in question, the defendant believes on
reasonable grounds that the recipient has that interest.
(3)
In determining for the purposes of subsection (1)
whether the conduct of the defendant in publishing matter about a person is
reasonable in the circumstances, a court may take into account:
(a)
the extent to which the matter published is of
public interest, and
(b)
the extent to which the matter published relates
to the performance of the public functions or activities of the person,
and
(c)
the seriousness of any defamatory imputation
carried by the matter published, and
(d)
the extent to which the matter published
distinguishes between suspicions, allegations and proven facts,
and
(e)
whether it was in the public interest in the
circumstances for the matter published to be published expeditiously,
and
(f)
the nature of the business environment in which
the defendant operates, and
(g)
the sources of the information in the matter
published and the integrity of those sources, and
(h)
whether the matter published contained the
substance of the person’s side of the story and, if not, whether a
reasonable attempt was made by the defendant to obtain and publish a response
from the person, and
(i)
any other steps taken to verify the information
in the matter published, and
(j)
any other circumstances that the court considers
relevant.
(4)
For the avoidance of doubt, a defence of
qualified privilege under subsection (1) is defeated if the plaintiff proves
that the publication of the defamatory matter was actuated by
malice.
(5)
However, a defence of qualified privilege under
subsection (1) is not defeated merely because the defamatory matter was
published for reward.
31Defences of honest
opinion
(1)
It is a defence to the publication of defamatory
matter if the defendant proves that:
(a)
the matter was an expression of opinion of the
defendant rather than a statement of fact, and
(b)
the opinion related to a matter of public
interest, and
(c)
the opinion is based on proper
material.
(2)
It is a defence to the publication of defamatory
matter if the defendant proves that:
(a)
the matter was an expression of opinion of an
employee or agent of the defendant rather than a statement of fact,
and
(b)
the opinion related to a matter of public
interest, and
(c)
the opinion is based on proper
material.
(3)
It is a defence to the publication of defamatory
matter if the defendant proves that:
(a)
the matter was an expression of opinion of a
person (the ), other than the
defendant or an employee or agent of the defendant, rather than a statement of
fact, and
(b)
the opinion related to a matter of public
interest, and
(c)
the opinion is based on proper
material.
(4)
A defence established under this section is
defeated if, and only if, the plaintiff proves that:
(a)
in the case of a defence under subsection
(1)—the opinion was not honestly held by the defendant at the time the
defamatory matter was published, or
(b)
in the case of a defence under subsection
(2)—the defendant did not believe that the opinion was honestly held by
the employee or agent at the time the defamatory matter was published,
or
(c)
in the case of a defence under subsection
(3)—the defendant had reasonable grounds to believe that the opinion was
not honestly held by the commentator at the time the defamatory matter was
published.
(5)
For the purposes of this section, an opinion is
based on proper
material if it is based on material that:
(a)
is substantially true, or
(b)
was published on an occasion of absolute or
qualified privilege (whether under this Act or at general law),
or
(c)
was published on an occasion that attracted the
protection of a defence under this section or section 28 or
29.
(6)
An opinion does not cease to be based on proper
material only because some of the material on which it is based is not proper
material if the opinion might reasonably be based on such of the material as
is proper material.
32Defence of innocent
dissemination
(1)
It is a defence to the publication of defamatory
matter if the defendant proves that:
(a)
the defendant published the matter merely in the
capacity, or as an employee or agent, of a subordinate distributor,
and
(b)
the defendant neither knew, nor ought reasonably
to have known, that the matter was defamatory, and
(c)
the defendant’s lack of knowledge was not
due to any negligence on the part of the defendant.
(2)
For the purposes of subsection (1), a person is a
subordinate distributor of
defamatory matter if the person:
(a)
was not the first or primary distributor of the
matter, and
(b)
was not the author or originator of the matter,
and
(c)
did not have any capacity to exercise editorial
control over the content of the matter (or over the publication of the matter)
before it was first published.
(3)
Without limiting subsection (2) (a), a person is
not the first or primary distributor of matter merely because the person was
involved in the publication of the matter in the capacity of:
(a)
a bookseller, newsagent or news-vendor,
or
(b)
a librarian, or
(c)
a wholesaler or retailer of the matter,
or
(d)
a provider of postal or similar services by means
of which the matter is published, or
(e)
a broadcaster of a live programme (whether on
television, radio or otherwise) containing the matter in circumstances in
which the broadcaster has no effective control over the person who makes the
statements that comprise the matter, or
(f)
a provider of services consisting of:
(i)
the processing, copying, distributing or selling
of any electronic medium in or on which the matter is recorded,
or
(ii)
the operation of, or the provision of any
equipment, system or service, by means of which the matter is retrieved,
copied, distributed or made available in electronic form,
or
(g)
an operator of, or a provider of access to, a
communications system by means of which the matter is transmitted, or made
available, by another person over whom the operator or provider has no
effective control, or
(h)
a person who, on the instructions or at the
direction of another person, prints or produces, reprints or reproduces or
distributes the matter for or on behalf of that other
person.
s 32: Am 2005 No 98,
Sch 2.14 [2].
33Defence of
triviality
It is a defence to the publication of defamatory
matter if the defendant proves that the circumstances of publication were such
that the plaintiff was unlikely to sustain any harm.
Division 3Remedies
34Damages to bear rational
relationship to harm
In determining the amount of damages to be
awarded in any defamation proceedings, the court is to ensure that there is an
appropriate and rational relationship between the harm sustained by the
plaintiff and the amount of damages awarded.
35Damages for non-economic loss
limited
(1)
Unless the court orders otherwise under
subsection (2), the maximum amount of damages for non-economic loss that may
be awarded in defamation proceedings is $250,000 or any other amount adjusted
in accordance with this section from time to time (the maximum
damages amount) that is applicable at the time damages are
awarded.
(2)
A court may order a defendant in defamation
proceedings to pay damages for non-economic loss that exceed the maximum
damages amount applicable at the time the order is made if, and only if, the
court is satisfied that the circumstances of the publication of the defamatory
matter to which the proceedings relate are such as to warrant an award of
aggravated damages.
(3)
The Minister is, on or before 1 July 2006 and on
or before 1 July in each succeeding year, to declare, by order published in
the Gazette, the amount that is to apply, as from the date specified in the
order, for the purposes of subsection (1).
Editorial
note—
For orders under this subsection, see Gazettes No
84 of 30.6.2006, p 5043 (amount declared: $259,500); No 80 of 15.6.2007, p
3793 (amount declared: $267,500); No 72 of 20.6.2008, p 5482 (amount declared
$280,500); No 90 of 19.6.2009, p 3137 (amount declared: $294,500); No 79 of
18.6.2010, p 2452 (amount declared: $311,000); No 62 of 24.6.2011, p 4588
(amount declared: $324,000); No 60 of 8.6.2012, p 2369 (amount declared:
$339,000) and No 65 of 31.5.2013, p 2307 ($355,500).
(4)
The amount declared is to be the amount
applicable under subsection (1) (or that amount as last adjusted under this
section) adjusted by the percentage change in the amount estimated by the
Australian Statistician of the average weekly total earnings of full-time
adults in Australia over the 4 quarters preceding the date of the declaration
for which those estimates are, at that date, available.
(5)
An amount declared for the time being under this
section applies to the exclusion of the amount of $250,000 or an amount
previously adjusted under this section.
(6)
If the Australian Statistician fails or ceases to
estimate the amount referred to in subsection (4), the amount declared is to
be determined in accordance with the regulations.
(7)
In adjusting an amount to be declared for the
purposes of subsection (1), the amount determined in accordance with
subsection (4) is to be rounded to the nearest $500.
(8)
A declaration made or published in the Gazette
after 1 July in a year and specifying a date that is before the date it is
made or published as the date from which the amount declared by the order is
to apply has effect as from that specified date.
36State of mind of defendant
generally not relevant to awarding damages
In awarding damages for defamation, the court is
to disregard the malice or other state of mind of the defendant at the time of
the publication of the defamatory matter to which the proceedings relate or at
any other time except to the extent that the malice or other state of mind
affects the harm sustained by the plaintiff.
37Exemplary or punitive damages
cannot be awarded
A plaintiff cannot be awarded exemplary or
punitive damages for defamation.
38Factors in mitigation of
damages
(1)
Evidence is admissible on behalf of the
defendant, in mitigation of damages for the publication of defamatory matter,
that:
(a)
the defendant has made an apology to the
plaintiff about the publication of the defamatory matter,
or
(b)
the defendant has published a correction of the
defamatory matter, or
(c)
the plaintiff has already recovered damages for
defamation in relation to any other publication of matter having the same
meaning or effect as the defamatory matter, or
(d)
the plaintiff has brought proceedings for damages
for defamation in relation to any other publication of matter having the same
meaning or effect as the defamatory matter, or
(e)
the plaintiff has received or agreed to receive
compensation for defamation in relation to any other publication of matter
having the same meaning or effect as the defamatory
matter.
(2)
Nothing in subsection (1) operates to limit the
matters that can be taken into account by a court in mitigation of
damages.
39Damages for multiple causes of
action may be assessed as single sum
If the court in defamation proceedings finds for
the plaintiff as to more than one cause of action, the judicial officer may
assess damages in a single sum.
Division 4Costs
40Costs in defamation
proceedings
(1)
In awarding costs in defamation proceedings, the
court may have regard to:
(a)
the way in which the parties to the proceedings
conducted their cases (including any misuse of a party’s superior
financial position to hinder the early resolution of the proceedings),
and
(b)
any other matters that the court considers
relevant.
(2)
Without limiting subsection (1), a court must
(unless the interests of justice require otherwise):
(a)
if defamation proceedings are successfully
brought by a plaintiff and costs in the proceedings are to be awarded to the
plaintiff—order costs of and incidental to the proceedings to be
assessed on an indemnity basis if the court is satisfied that the defendant
unreasonably failed to make a settlement offer or agree to a settlement offer
proposed by the plaintiff, or
(b)
if defamation proceedings are unsuccessfully
brought by a plaintiff and costs in the proceedings are to be awarded to the
defendant—order costs of and incidental to the proceedings to be
assessed on an indemnity basis if the court is satisfied that the plaintiff
unreasonably failed to accept a settlement offer made by the
defendant.
(3)
In this section:
settlement offer means any offer to
settle the proceedings made before the proceedings are determined, and
includes an offer to make amends (whether made before or after the proceedings
are commenced), that was a reasonable offer at the time it was
made.
Part 5Miscellaneous
41Proof of
publication
(1)
If a document appears to be printed or otherwise
produced by means adapted for the production of numerous copies and there is
in the document a statement to the effect that the document is printed,
produced, published or distributed by or for a particular person, the
statement is evidence in defamation proceedings that the document was so
printed, produced, published or distributed.
(2)
Evidence that a number or part of a document
appearing to be a periodical is printed, produced, published or distributed by
or for a particular person is evidence in defamation proceedings that a
document appearing to be another number or part of the periodical was so
printed, produced, published or distributed.
(3)
In this section:
periodical includes any newspaper,
review, magazine or other printed document of which numbers or parts are
published periodically.
42Proof of convictions for
offences
(1)
If the question whether or not a person committed
an offence is in question in defamation proceedings:
(a)
proof that the person was convicted of the
offence by an Australian court is conclusive evidence that the person
committed the offence, and
(b)
proof that the person was convicted of the
offence by a court of any country (other than an Australian court) or a court
martial of any country is evidence that the person committed the
offence.
(2)
For the purposes of this section, the contents of
a document that is evidence of conviction of an offence, and the contents of
an information, complaint, indictment, charge sheet or similar document on
which a person is convicted of an offence, are admissible in evidence to
identify the facts on which the conviction is based.
(3)
Subsection (2) does not affect the admissibility
of other evidence to identify the facts on which the conviction is
based.
(4)
In this section, conviction for an offence includes a
finding of guilt but does not include:
(a)
a conviction that has been set aside or quashed,
or
(b)
a conviction for an offence for which a person
has received a pardon.
43Incriminating answers,
documents or things
(1)
A person who is required to answer a question, or
to discover or produce a document or thing, in defamation proceedings is not
excused from answering the question or discovering or producing the document
or thing on the ground that the answer to the question or the discovery or
production of the document or thing might tend to incriminate the person of an
offence of criminal defamation.
(2)
However, any answer given to a question, or
document or thing discovered or produced, by a natural person in compliance
with the requirement is not admissible in evidence against the person in
proceedings for criminal defamation.
44Giving of notices and other
documents
(1)
For the purposes of this Act, a notice or other
document may be given to a person (or a notice or other document may be served
on a person):
(a)
in the case of a natural person:
(i)
by delivering it to the person personally,
or
(ii)
by sending it by post to the address specified by
the person for the giving or service of documents or, if no such address is
specified, the residential or business address of the person last known to the
person giving or serving the document, or
(iii)
by sending it by facsimile transmission to the
facsimile number of the person, or
(b)
in the case of a body corporate:
(i)
by leaving it with a person apparently of or
above the age of 16 years at, or by sending it by post to, the head office, a
registered office or a principal office of the body corporate or to an address
specified by the body corporate for the giving or service of documents,
or
(ii)
by sending it by facsimile transmission to the
facsimile number of the body corporate.
(2)
Nothing in this section affects the operation of
any provision of a law or of the rules of a court authorising a document to be
served on a person in any other manner.
45Regulations
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
46Repeal of Defamation Act 1974 No
18
The Defamation Act
1974 is repealed.
47Savings, transitional and
other provisions
Schedule 4 has effect.
48
s 48: Rep 2006 No 58,
Sch 4.
49Review of
Act
(1)
The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and whether the terms of
the Act remain appropriate for securing those
objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 5 years from the date of assent to this
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 5 years.
Schedule 1Additional publications to
which absolute privilege applies
(Section 27 (2)
(d))
1Matters relating to
Ombudsman
(cf Act No 18 1974, s 17A)
(1)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the Ombudsman in his or her capacity as
the Ombudsman, or
(b)
to any member of staff of the Ombudsman in his or
her capacity as such a member, or
(c)
to a member of Parliament for the purposes of
section 12 (2) of the Ombudsman Act
1974 or section 127 (7) of the Police
Act 1990, or
(d)
in a report under section 31AA of the Ombudsman Act 1974 or under section 169
of the Police Act 1990,
or
(e)
in a copy of a report previously made public
under section 31AA of the Ombudsman Act
1974 where the copy of the report is published under the
authority of the Minister for the time being administering that Act,
or
(f)
in a copy of a report previously made public
under section 169 of the Police Act 1990
where the copy of the report is published under the authority of the Minister
for the time being administering that Act.
(2)
Subclause (1) (a) applies in relation to an
acting Ombudsman, a Deputy Ombudsman and a special officer of the Ombudsman in
the same way as it applies in relation to the Ombudsman.
2Matters relating to Privacy
Commissioner
(cf Act No 18 1974, s 17B)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the Privacy Commissioner or an acting
Privacy Commissioner in his or her capacity as the Privacy Commissioner or an
acting Privacy Commissioner, or
(b)
to any member of staff of the Privacy
Commissioner in his or her capacity as such a member, or
(c)
in a report under section 65 of the Privacy and Personal Information Protection Act
1998, or
(d)
in a copy of a report previously made public
under section 65 of the Privacy and Personal Information
Protection Act 1998 where the copy of the report is
published under the authority of the Minister for the time being administering
that Act.
2AMatters relating to
Information Commissioner
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the Information Commissioner or an
acting Information Commissioner in his or her capacity as the Information
Commissioner or an acting Information Commissioner, or
(b)
to any member of staff of the Information
Commissioner in his or her capacity as such a member, or
(c)
in a report under section 38 (Special report to
Parliament) of the Government Information (Information
Commissioner) Act 2009, or
(d)
in a copy of a report previously made public
under section 38 of the Government Information (Information
Commissioner) Act 2009 where the copy of the report is
published under the authority of the Minister for the time being administering
that Act.
3Matters relating to Law Reform
Commission
(cf Act No 18 1974, s 17BA)
(1)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
in a report under section 13 (6) of the Law Reform Commission Act 1967,
or
(b)
in the course of the proceedings of, or in the
course of an inquiry held by, the Law Reform Commission under the Law Reform Commission Act 1967,
or
(c)
by the Law Reform Commission in connection with a
reference to it under the Law Reform Commission Act
1967.
(2)
Subclause (1) (b) and (c) does not apply to a
report referred to in section 13 of the Law Reform
Commission Act 1967.
4Matters arising under Workers
Compensation Acts
(cf Act No 18 1974, ss 17BB and
17BD)
(1)Conciliation officers and
conciliators
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by a conciliation officer or conciliator
for the purpose of any proceedings under the Workers
Compensation Act 1987 or the Workplace Injury Management and Workers Compensation Act
1998, or
(b)
by any such conciliation officer or conciliator
where the matter published is a report of a decision or determination in
respect of any such proceedings or of the reasons for such a decision or
determination, or
(c)
by any such conciliation officer or conciliator
where the matter published is a conciliation certificate under section 84 of
the Workplace Injury Management and Workers Compensation Act
1998.
(2)Insurers
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by an insurer for the purpose of any claim
or any proceedings arising from any claim under the Workers Compensation Act 1987 or the
Workplace Injury Management and Workers Compensation Act
1998, or
(b)
by an insurer where the matter published is a
report of a decision or determination in respect of any such claim and of the
reason for that decision or determination, or
(c)
by the WorkCover Authority of New South Wales
while providing access to information under section 72 of the Workplace Injury Management and Workers Compensation Act
1998, or
(d)
to or by an insurer pursuant to an exchange of
information authorised by section 72 of the Workplace Injury
Management and Workers Compensation Act
1998.
(3)References to
“insurer” and “claim”
In subclause (2), a reference to insurer or claim
has the same meaning as it has in the provision of the Workers Compensation Act 1987 or of the
Workplace Injury Management and Workers Compensation Act
1998 to which the reference relates.
5Matters arising under Motor
Accidents Acts
(cf Act No 18 1974, s 17BC)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by:
(i)
a licensed insurer (within the meaning of the
Motor Accidents Act 1988 or the Motor Accidents Compensation Act 1999),
or
(ii)
the Nominal Defendant,
for the purpose of any claim or any proceedings arising
from any claim under the Motor Accidents Act
1988 or the Motor Accidents
Compensation Act 1999, or
(b)
by any such licensed insurer or the Nominal
Defendant where the matter published is a report of a decision or
determination in respect of any such claim and of the reason for that decision
or determination, or
(c)
by the Motor Accidents Authority of New South
Wales where the matter published is the whole or any part of the register
maintained by the Authority under section 120 of the Motor
Accidents Compensation Act
1999.
6Certain decisions of public
health organisations under Health Services
Act 1997
(cf Act No 18 1974, s 17C)
Without limiting section 27 (2) (a)–(c),
matter that is published under section 105 of the Health
Services Act 1997 that relates to a decision, or the
reasons for a decision, of a public health organisation referred to in that
section.
7Matters arising out of
proceedings of State Parole Authority, Serious Offenders Review Council and
Serious Offenders Management Committee
(cf Act No 18 1974, s 17CA)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
by the State Parole Authority or the Serious
Offenders Review Council in a report or other document under the Crimes (Administration of Sentences) Act
1999, or
(b)
in the course of any proceedings of the following
bodies:
(i)
the State Parole Authority or a Division or a
committee of that Authority,
(ii)
the Serious Offenders Review Council or a
Division or a committee of that Council,
(iii)
the Serious Offenders Management Committee or a
subcommittee of that Committee, or
(c)
by a body referred to in paragraph (b) in a
report of any proceedings referred to in that
paragraph.
8Matters relating to
Inspector-General of Corrective Services
(cf Act No 18 1974, s 17CB)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the Inspector-General of Corrective
Services in his or her capacity as the Inspector-General of Corrective
Services, or
(b)
to or by a member of staff of the
Inspector-General in his or her capacity as such a
member.
9Matters arising under Anti-Discrimination Act
1977
(cf Act No 18 1974, s 17D)
(1)
Without limiting section 27 (2) (a)–(c),
matter that is published for the purpose of the execution or administration of
the Anti-Discrimination Act 1977:
(a)
to or by a member of the Administrative Decisions
Tribunal, or
(b)
to or by a member of the Anti-Discrimination
Board constituted under the Anti-Discrimination Act 1977,
or
(c)
to or by the President of the Anti-Discrimination
Board, or any officer of the President, to the Registrar of the Administrative
Decisions Tribunal, or
(d)
to a member of staff of a Department within the
meaning of the Public Sector Employment and
Management Act 2002 appointed or employed to assist in the
execution or administration of the Anti-Discrimination Act 1977,
or
(e)
to or by the Public Service Commissioner or a
member of staff of the Public Service Commission.
(2)
Without limiting section 27 (2) (a)–(c),
matter that is published in:
(a)
a report referred to in section 94A (2) of the
Anti-Discrimination Act 1977 of the
President of the Anti-Discrimination Board constituted under that Act made to
the Administrative Decisions Tribunal, or
(b)
a report referred to in section 120 (2), 121, 122
or 122R (b) of that Act to the Minister administering that
Act.
10Appeals under Racing Appeals Tribunal Act
1983
(cf Act No 18 1974, s 17DA)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
in the course of an appeal under the Racing Appeals Tribunal Act 1983,
or
(b)
by the Racing Appeals Tribunal in an official
report of its decision in respect of any such appeal or of the reasons of that
Tribunal for a decision.
11Matters arising under Thoroughbred Racing Act
1996
(cf Act No 18 1974, s 17DB)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
in the course of proceedings in respect of an
inquiry conducted by Racing New South Wales, or
(b)
by Racing New South Wales in a report it makes in
respect of such an inquiry, or
(c)
in the course of proceedings in respect of an
investigation conducted by the Integrity Assurance Committee under the Thoroughbred Racing Act 1996 or by that
Committee in a report that it makes in respect of such an
investigation.
12Matters relating to GRNSW and
HRNSW
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
by Greyhound Racing New South Wales in an
official report of its decision in respect of any appeal relating to greyhound
racing under the Racing Appeals Tribunal Act
1983 or of the reasons for its decision,
or
(b)
by Harness Racing New South Wales in an official
report of its decision in respect of any appeal relating to harness racing
under the Racing Appeals Tribunal Act
1983 or of the reasons for its decision,
or
(c)
in the course of proceedings in respect of an
investigation conducted by the Greyhound Racing Integrity Auditor under the
Greyhound Racing Act 2009 or the Harness
Racing Integrity Auditor under the Harness Racing
Act 2009 or by the Integrity Auditor in a report that he
or she makes in respect of such an investigation.
13
14Matters arising under Legal Aid Commission Act
1979
(cf Act No 18 1974, s 17F)
Without limiting section 27 (2) (a)–(c),
matter that is published for the purpose of the execution or administration of
the Legal Aid Commission Act 1979:
(a)
to or by the Legal Aid Commission of New South
Wales constituted under that Act, or
(b)
to or by a member of staff of the Commission or a
committee established under that Act.
15Matters arising under Health
Practitioner Regulation National Law in relation to medical
practitioners
(1)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by any of the following for the purpose of
the assessment or referral of a complaint against a medical practitioner or
other matter or the holding of any inquiry, performance review, investigation
or appeal in respect of a medical practitioner under the Health Practitioner
Regulation National Law:
(i)
the Medical Council of New South
Wales,
(ii)
the Medical Board of
Australia,
(iii)
an Impaired Registrants
Panel,
(iv)
a Performance Review Panel,
(v)
a Professional Standards
Committee,
(vi)
the Medical Tribunal,
(vii)
a member of any of the bodies referred to
above,
(viii)
an assessor, or
(b)
by a body or person referred to in paragraph (a)
where the matter published is a report of a decision or determination in
respect of a complaint against a medical practitioner or other matter or any
inquiry, performance review, investigation or appeal in respect of a medical
practitioner, or the reasons for such a decision or
determination.
(2)
In this clause:
(a)
a reference to the Medical Board of Australia
includes a reference to a committee of the Board, and
(b)
a reference to a member of the Board includes a
reference to a member of any such committee, and
(c)
a reference to the Medical Council of New South
Wales includes a reference to a committee of the Council,
and
(d)
a reference to a member of the Council includes a
reference to a member of any such committee.
16Matters arising under Coal Mine Health and Safety Act
2002
(cf Act No 18 1974, s 17G)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
in a report by an inspector, a mine safety
officer, an investigator or a Board of Inquiry, under the Coal
Mine Health and Safety Act 2002, to or by the Minister
administering that Act or the Director-General of the Department of Primary
Industries, or
(b)
by a Board of Inquiry in the course of a special
inquiry under the Coal Mine Health and Safety Act
2002.
17Matters arising under Mine Health and Safety Act
2004
(cf Act No 18 1974, s 17U)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
in a report by an inspector, a mine safety
officer, an investigator or a Board of Inquiry, under the Mine
Health and Safety Act 2004, to or by the Minister
administering that Act or the Director-General of the Department of Primary
Industries, or
(b)
by a Board of Inquiry in the course of a special
inquiry under the Mine Health and Safety Act
2004.
18Matters arising under Legal Profession Act
2004
(cf Act No 18 1974, s 17J)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by any of the following for the purpose of
the making or referral of a complaint, or the investigation, hearing or review
of a complaint, under Chapter 4 of the Legal Profession
Act 2004:
(i)
the Bar Council,
(ii)
a member of the Bar Council as such a
member,
(iii)
a committee or subcommittee of the Bar Council,
or any member of a committee or subcommittee of the Bar
Council,
(iv)
the Law Society Council,
(v)
a member of the Law Society Council in his or her
capacity as such a member,
(vi)
a committee or subcommittee of the Law Society
Council, or any member of a committee or subcommittee of the Law Society
Council,
(vii)
the Bar Association,
(viii)
the Law Society,
(ix)
the Legal Services
Commissioner,
(x)
any member of the staff of any of the above as
such a member, or
(b)
by a body or person referred to in paragraph (a)
where the matter published is a report of the decision or determination of the
body or person in respect of a complaint, or of the reasons for such a
decision or determination, under Chapter 4 of the Legal
Profession Act 2004, or
(c)
by a person or body referred to in paragraph (a)
to such a person or body, where the matter published is information that is
published in accordance with the exercise of functions under Chapter 2 or Part
7.3 of the Legal Profession Act
2004, or
(d)
by a person or body referred to in paragraph (a)
in a report of the decision or determination of the Bar Council or the Law
Society Council in respect of the refusal to issue, cancellation or suspension
of a practising certificate.
19Matters arising under Independent Commission Against Corruption Act
1988
(cf Act No 18 1974, s 17K)
(1)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the Independent Commission Against
Corruption, or
(b)
to or by the Commissioner for the Commission as
Commissioner, or
(c)
to or by the Inspector of the Independent
Commission Against Corruption as Inspector, or
(d)
to any officer of the Commission or officer of
the Inspector (within the meaning of the Independent
Commission Against Corruption Act 1988) as such an
officer.
(2)
This clause applies in relation to any compulsory
examination or public inquiry before the Independent Commission Against
Corruption or inquiry before the Inspector of the Independent Commission
Against Corruption or any other matter relating to the powers, authorities,
duties or functions of the Commission or Inspector.
20Matters arising under Crime Commission Act 2012
(cf Act No 18 1974, s 17L)
(1)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the New South Wales Crime Commission,
or
(b)
to any member of the Commission or member of the
staff of the Commission in his or her capacity as such a
member.
(2)
This clause applies in relation to any hearing
before the New South Wales Crime Commission or any other matter relating to
the powers, authorities, duties or functions of the
Commission.
21Matters arising under Independent Pricing and Regulatory Tribunal Act
1992
(cf Act No 18 1974, s 17M)
(1)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the Independent Pricing and Regulatory
Tribunal of New South Wales, or
(b)
to any member of the Tribunal or member of the
staff of the Tribunal in his or her capacity as such a
member.
(2)
This clause applies in relation to any hearing
before the Independent Pricing and Regulatory Tribunal of New South Wales or
any other matter relating to the powers, authorities, duties or functions of
the Tribunal.
22Matters arising under Casino Control Act
1992
(cf Act No 18 1974, s 17N)
Without limiting section 27 (2) (a)–(c),
matter that is published to or by the New South Wales Casino Control
Authority, or the person presiding at an inquiry under section 143 of the
Casino Control Act 1992, for the purpose
of such an inquiry.
23Matters relating to HomeFund
Commissioner
(cf Act No 18 1974, s 17O)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the HomeFund Commissioner or an acting
HomeFund Commissioner in his or her capacity as the HomeFund Commissioner or
an acting HomeFund Commissioner, or
(b)
to any member of the staff of the HomeFund
Commissioner in his or her capacity as such a member, or
(c)
in a report under section 34 (3) of the HomeFund Commissioner Act 1993,
or
(d)
in a copy of a report previously made public
under section 34 (3) of the HomeFund
Commissioner Act 1993 where the copy of the report is
published under the authority of the Minister for the time being administering
that Act.
24Matters arising under Protected Estates Act
1983
(cf Act No 18 1974, s 17P)
Without limiting section 27 (2) (a)–(c),
matter that is published in a report to the NSW Trustee and Guardian under
section 123 of the NSW Trustee and Guardian Act
2009.
25Matters arising under Public Finance and Audit Act
1983
(cf Act No 18 1974, s 17Q)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the Auditor-General in his or her
capacity as Auditor-General of a disclosure made in relation to a complaint
under Division 7 of Part 3 of the Public Finance
and Audit Act 1983, or
(b)
to or by a member of staff of the Audit Office in
his or her capacity as such a member of a disclosure made in relation to a
complaint under Division 7 of Part 3 of the Public Finance
and Audit Act 1983.
26Matters arising under Public Interest Disclosures Act
1994
(cf Act No 18 1974, s 17QA)
(1)
Without limiting section 27 (2) (a)–(c),
matter that is published to or by a person or public authority referred to in
section 8 (1) (b), (c) or (c1) of the Public Interest
Disclosures Act 1994 of a disclosure made to the person or
public authority in relation to an allegation of corrupt conduct,
maladministration or serious and substantial waste of public money or local
government money if the publication is for the purpose of investigating that
allegation.
(2)
In this clause:
local
government money includes all revenue, loans and other money
collected, received or held by, for or on account of:
(a)
a council, or
(b)
a county council,
within the meaning of the Local
Government Act 1993.
27Matters arising under Health Care Complaints Act
1993
(cf Act No 18 1974, s 17R)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the Health Care Complaints Commission of
or concerning a complaint by a complainant under the Health
Care Complaints Act 1993, or
(b)
to or by a conciliator for the purpose of the
conciliation of a complaint under the Health Care
Complaints Act 1993, or
(c)
by any such conciliator in a report, or while
furnishing information, under section 53 or 54 of the Health
Care Complaints Act 1993, or
(d)
in a report made under section 30 of the Health Care Complaints Act 1993 (or that
section as applied by section 61 of that Act), or
(e)
in a report made under section 62 (1) of the
Health Care Complaints Act 1993 by the
Health Care Complaints Commission constituted under that
Act.
28Matters arising under Police Integrity Commission Act
1996
(cf Act No 18 1974, s 17S)
(1)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the Police Integrity Commission,
or
(b)
to or by the Commissioner for the Police
Integrity Commission in his or her capacity as Commissioner,
or
(c)
to or by the Inspector of the Police Integrity
Commission in his or her capacity as Inspector, or
(d)
to any officer of the Commission or officer of
the Inspector (within the meaning of the Police Integrity
Commission Act 1996) in his or her capacity as such an
officer.
(2)
This clause applies in relation to any hearing
before the Police Integrity Commission or Inspector of the Police Integrity
Commission or any other matter relating to the powers, authorities, duties or
functions of the Commission or Inspector.
29Matters relating to Local
Government Pecuniary Interest and Disciplinary Tribunal
(cf Act No 18 1974, s 17T)
(1)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the Local Government Pecuniary Interest
and Disciplinary Tribunal constituted under the Local
Government Act 1993 for the purpose of the execution or
administration of that Act, or
(b)
by that Tribunal in an official report of a
decision of that Tribunal or of the reasons of that Tribunal for a
decision.
(2)
Without limiting section 27 (2) (a)–(c),
matter that is published to or by the Department of Local Government or the
Director-General of that Department if the matter is contained in:
(a)
an official report of a decision of the Local
Government Pecuniary Interest and Disciplinary Tribunal,
or
(b)
a statement of a decision of that Tribunal or of
the reasons of that Tribunal for a decision,
provided or made public by the Tribunal under section
484 (3) of the Local Government Act
1993.
30Matters arising under Administrative Decisions Tribunal Act
1997
(cf Act No 18 1974, s 17TA)
Without limiting section 27 (2) (a)–(c),
matter that is published to or by the Administrative Decisions Tribunal under
the Administrative Decisions Tribunal Act
1997 (including matter that is published by that Tribunal
in an official report of a decision of that Tribunal or of the reasons of that
Tribunal for a decision).
31Matters relating to Aboriginal
Land Councils Pecuniary Interest and Disciplinary
Tribunal
(cf Act No 18 1974, s 17TB)
(1)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by the Aboriginal Land Councils Pecuniary
Interest and Disciplinary Tribunal constituted under the Aboriginal Land Rights Act 1983 for the
purpose of the execution or administration of that Act, or
(b)
by that Tribunal in an official report of a
decision of that Tribunal or of the reasons of that Tribunal for a
decision.
(2)
Without limiting section 27 (2) (a)–(c),
matter that is published to or by the Department of Aboriginal Affairs or the
Director-General of that Department if the matter is contained in:
(a)
an official report of a decision of the
Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal,
or
(b)
a statement of a decision of that Tribunal or of
the reasons of that Tribunal for a decision,
provided or made public by the Tribunal under section
213 (3) of the Aboriginal Land Rights Act
1983.
32Matters arising under Surveying and Spatial Information Act
2002
(cf Act No 18 1974, s 17JA)
Without limiting section 27 (2) (a)–(c),
matter that is published:
(a)
to or by any of the following:
(i)
the Board of Surveying and Spatial
Information,
(ii)
a member of that Board as such a
member,
(iii)
a committee or subcommittee of that Board, or any
member of a committee or subcommittee of that
Board,
for the purpose of the making or referral of a complaint
of professional incompetence or professional misconduct, or the investigation
of such a complaint, made in relation to a registered surveyor under the
Surveying and Spatial Information Act
2002, or
(b)
by a body or person referred to in paragraph (a)
of a report of the decision or determination of the body or person in respect
of a complaint, or of the reasons for such a decision or determination, made
in relation to a registered surveyor under the Surveying and
Spatial Information Act 2002.
sch 1: Am 2005 No 77,
Sch 4, cll 3 (2), 4 (2), 5 (2); 2006 No 111, Sch 2.2 [1]; 2009 No 21, Sch 3.2
[1] [2]; 2009 No 94, Sch 2.19; 2009 No 53, Sch 1.1; 2009 No 56, Sch 2.12; 2009
No 119, Sch 2.7; 2010 No 34, Sch 2.12 [1]; 2010 No 84, Sch 2.1 [1] [2]; 2011
No 48, Sch 2.2; 2012 No 66, Sch 5.4.
Schedule 2Additional kinds of public
documents
(Section 28 (4)
(g))
1Documents arising under Health
Practitioner Regulation National Law in relation to medical
practitioners
Without limiting section 28 (4) (a)–(f), a
document that consists of a report made by:
(a)
the Medical Board of Australia,
or
(b)
the Medical Council of New South Wales,
or
(c)
a Professional Standards Committee,
or
(d)
the Medical Tribunal,
of its decision or determination in respect of a
complaint against a medical practitioner or an inquiry or appeal in respect of
a medical practitioner, and of the reasons for that decision or determination,
under the Health Practitioner Regulation National Law.
2Documents arising under
Legal Profession Act
2004
(cf Act No 18 1974, cl 3 (5) of Sch
2)
Without limiting section 28 (4) (a)–(f), a
document that consists of a report made by:
(a)
the Bar Council, or
(b)
the Law Society Council, or
(c)
the Legal Services
Commissioner,
of the decision or determination of that body or person
in respect of a complaint, and of the reasons for that decision or
determination, under Chapter 4 of the Legal Profession
Act 2004.
3Documents arising under
Workers Compensation Acts
(cf Act No 18 1974, cl 3 (6) of Sch
2)
Without limiting section 28 (4) (a)–(f), a
document that consists of:
(a)
a report made by a conciliation officer,
conciliator or member of the Workers Compensation Commission of New South
Wales of his or her decision or determination in respect of any proceedings
under the Workers Compensation Act
1987 or the Workplace Injury
Management and Workers Compensation Act 1998,
or
(b)
a conciliation certificate under the section 98D
of the Workers Compensation Act
1987 or section 84 of the Workplace Injury
Management and Workers Compensation Act
1998.
4Documents relating to Local
Government Pecuniary Interest and Disciplinary Tribunal
(cf Act No 18 1974, cl 3 (7) of Sch
2)
Without limiting section 28 (4) (a)–(f), a
document that consists of a decision (including reasons given for the
decision) made by the Local Government Pecuniary Interest and Disciplinary
Tribunal under the Local Government Act
1993.
5Documents relating to
Administrative Decisions Tribunal
(cf Act No 18 1974, cl 3 (8) of Sch
2)
Without limiting section 28 (4) (a)–(f), a
document that consists of a report made by the Administrative Decisions
Tribunal of the decision of that Tribunal in respect of any proceedings before
it, and of the reasons for that decision, under the Administrative Decisions Tribunal Act
1997.
6Documents relating to
Aboriginal Land Councils Pecuniary Interest and Disciplinary
Tribunal
(cf Act No 18 1974, cl 3 (9) of Sch
2)
Without limiting section 28 (4) (a)–(f), a
document that consists of a decision (including reasons given for the
decision) made by the Aboriginal Land Councils Pecuniary Interest and
Disciplinary Tribunal under the Aboriginal Land
Rights Act 1983.
7Documents relating to Special
Commissions of Inquiry
Without limiting section 28 (4) (a)–(f), a
document that consists of a report made to the Governor by a Commissioner
under section 10 of the Special Commissions of Inquiry Act
1983.
8Documents produced to certain
parliamentary committees conducted in private
Without limiting section 28 (4) (a)–(f),
any of the following documents (or parts of documents):
(a)
a document (or part of a document) produced to
the Committee on Children and Young People constituted under the Commission for Children and Young People Act
1998 in proceedings conducted in private, but only if the
document (or part of the document) has been disclosed or published in
accordance with clause 6 of Schedule 1 to that Act,
(b)
a document (or part of a document) produced to
the Committee on the Health Care Complaints Commission appointed as referred
to in section 64 of the Health Care Complaints Act
1993 in proceedings conducted in private, but only if the
document (or part of the document) has been disclosed or published in
accordance with section 72 of that Act,
(c)
a document (or part of a document) produced to
the Committee on the Independent Commission Against Corruption constituted
under the Independent Commission Against
Corruption Act 1988 in proceedings conducted in private,
but only if the document (or part of the document) has been disclosed or
published in accordance with section 70 of that Act,
(d)
a document (or part of a document) produced to
the Legislation Review Committee constituted under the Legislation Review Act 1987 in
proceedings conducted in private, but only if the document (or part of the
document) has been disclosed or published in accordance with section 12 of
that Act,
(e)
a document (or part of a document) produced to
the Committee on the Office of the Ombudsman and the Police Integrity
Commission constituted under the Ombudsman Act
1974 in proceedings conducted in private, but only if the
document (or part of the document) has been disclosed or published in
accordance with section 31H of that Act,
(f)
a document (or part of a document) produced to
the Public Accounts Committee constituted under Part 4 of the Public Finance and Audit Act 1983 in
proceedings conducted in private, but only if the document (or part of the
document) has been disclosed or published in accordance with section 58 of
that Act,
(g)
a document (or part of a document) produced to
the Committee on the Office of the Valuer-General constituted under Part 8 of
the Valuation of Land Act 1916 in
proceedings conducted in private, but only if the document (or part of the
document) has been disclosed or published in accordance with section 92 of
that Act.
sch 2: Am 2006 No
111, Sch 2.2 [2]; 2010 No 34, Sch 2.12 [2].
Schedule 3Additional proceedings of
public concern
(Section 29 (4)
(p))
1Proceedings relating to Appeal
Panel under Thoroughbred Racing Act
1996
(cf Act No 18 1974, cl 2 (8) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings on an appeal to the Appeal Panel under the Thoroughbred Racing Act
1996.
2Proceedings relating to
Privacy Commissioner
(cf Act No 18 1974, cl 2 (11) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings of the Privacy Commissioner, but only to the extent that those
proceedings are included in a report previously made public under section 65
of the Privacy and Personal Information
Protection Act 1998.
3Proceedings relating to
Anti-Discrimination Board
(cf Act No 18 1974, cl 2 (12) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings at an investigation, inquiry or examination conducted by or on
behalf of the Anti-Discrimination Board constituted under the Anti-Discrimination Act
1977.
4
5Proceedings relating to Racing
New South Wales
(cf Act No 18 1974, cl 2 (13A) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings at an inquiry conducted by Racing New South Wales under the
Thoroughbred Racing Act
1996.
6Proceedings relating to Racing
Appeals Tribunal
(cf Act No 18 1974, cl 2 (14) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings on an appeal to the Racing Appeals Tribunal under the Racing Appeals Tribunal Act
1983.
7Proceedings under Health
Practitioner Regulation National Law in relation to medical
practitioners
Without limiting section 29 (4) (a)–(o),
proceedings under the Health Practitioner Regulation National Law in respect
of a medical practitioner of any of the following:
(a)
the Medical Board of
Australia,
(b)
the Medical Council of New South
Wales,
(c)
a Professional Standards
Committee,
(d)
the Medical Tribunal.
8Proceedings under Legal Profession Act
2004
(cf Act No 18 1974, cl 2 (16) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings under Chapter 4 of the Legal Profession
Act 2004 of any of the following:
(a)
the Bar Council,
(b)
the Law Society Council,
(c)
the Legal Services
Commissioner.
9Proceedings under Workers
Compensation Acts
(cf Act No 18 1974, cl 2 (17) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings of a conciliation officer, conciliator or member of the Commission
under the Workers Compensation Act
1987 or the Workplace Injury
Management and Workers Compensation Act
1998.
10Proceedings relating to New
South Wales Crime Commission
(cf Act No 18 1974, cl 2 (19) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings at a hearing held in public by the New South Wales Crime
Commission.
11Proceedings relating to Board
of Inquiry under Coal Mine Health and Safety Act
2002
(cf Act No 18 1974, cl 2 (19A) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings at a special inquiry conducted by a Board of Inquiry under the
Coal Mine Health and Safety Act
2002.
12Proceedings relating to Board
of Inquiry under Mine Health and Safety Act
2004
(cf Act No 18 1974, cl 2 (19B) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings at a special inquiry conducted by a Board of Inquiry under the
Mine Health and Safety Act
2004.
13Proceedings relating to
HomeFund Commissioner
(cf Act No 18 1974, cl 2 (20) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings of the HomeFund Commissioner, but only to the extent those
proceedings are included in a report previously made public under section 34
(3) of the HomeFund Commissioner Act
1993.
14Proceedings relating to Local
Government Pecuniary Interest and Disciplinary Tribunal
(cf Act No 18 1974, cl 2 (22) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings of the Local Government Pecuniary Interest and Disciplinary
Tribunal under the Local Government Act
1993.
15Proceedings relating to
Administrative Decisions Tribunal
(cf Act No 18 1974, cl 2 (23) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings held in public of the Administrative Decisions
Tribunal.
16Proceedings relating to
Aboriginal Land Councils Pecuniary Interest and Disciplinary
Tribunal
(cf Act No 18 1974, cl 2 (24) of Sch
2)
Without limiting section 29 (4) (a)–(o),
proceedings of the Aboriginal Land Councils Pecuniary Interest and
Disciplinary Tribunal under the Aboriginal Land
Rights Act 1983.
17Proceedings relating to
certain parliamentary committees conducted in private
Without limiting section 29 (4) (a)–(o),
any of the following proceedings:
(a)
proceedings of the Committee on Children and
Young People constituted under the Commission for
Children and Young People Act 1998 conducted in private,
but only to the extent that those proceedings relate to the taking of evidence
that is disclosed or published in accordance with clause 6 of Schedule 1 to
that Act,
(b)
proceedings of the Committee on the Health Care
Complaints Commission appointed as referred to in section 64 of the Health Care Complaints Act 1993
conducted in private, but only to the extent that those proceedings relate to
the taking of evidence that is disclosed or published in accordance with
section 72 of that Act,
(c)
proceedings of the Committee on the Independent
Commission Against Corruption constituted under the Independent Commission Against Corruption Act
1988 conducted in private, but only to the extent that
those proceedings relate to the taking of evidence that is disclosed or
published in accordance with section 70 of that Act,
(d)
proceedings of the Legislation Review Committee
constituted under the Legislation Review Act
1987 conducted in private, but only to the extent that
those proceedings relate to the taking of evidence that is disclosed or
published in accordance with section 12 of that Act,
(e)
proceedings of the Committee on the Office of the
Ombudsman and the Police Integrity Commission constituted under the Ombudsman Act 1974 conducted in private,
but only to the extent that those proceedings relate to the taking of evidence
that is disclosed or published in accordance with section 31H of that
Act,
(f)
proceedings of the Public Accounts Committee
constituted under Part 4 of the Public Finance
and Audit Act 1983 conducted in private, but only to the
extent that those proceedings relate to the taking of evidence that is
disclosed or published in accordance with section 58 of that
Act,
(g)
proceedings of the Committee on the Office of the
Valuer-General constituted under Part 8 of the Valuation of Land
Act 1916 conducted in private, but only to the extent that
those proceedings relate to the taking of evidence that is disclosed or
published in accordance with section 92 of that
Act.
sch 3: Am 2005 No 77,
Sch 4, cll 3 (2), 4 (2); 2006 No 111, Sch 2.2 [3]; 2009 No 21, Sch 3.2 [3];
2010 No 34, Sch 2.12 [3].
Schedule 4Savings, transitional and
other provisions
(Section 47)
Part 1General
1Regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of the following
Acts:
this Act
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to the Act concerned or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Part 2Provisions consequent on
enactment of this Act
2Application of this
Act
(1)
This Act applies to the publication of defamatory
matter after the commencement of this Act, unless subclause (2) provides
otherwise.
(2)
The provisions of this Act (other than this
clause) do not apply to a cause of action for the publication of defamatory
matter that accrues after the commencement of this Act (the post-commencement action) if:
(a)
the post-commencement action is one of 2 or more
causes of action in proceedings commenced by a plaintiff,
and
(b)
each cause of action in the proceedings accrues
because of the publication of the same, or substantially the same, matter on
separate occasions (whether by the same defendant or another defendant),
and
(c)
one or more of the other causes of action in the
proceedings accrued before the commencement of this Act (a pre-commencement action),
and
(d)
the post-commencement action accrued no later
than 12 months after the date on which the earliest pre-commencement action in
the proceedings accrued.
(3)
The existing law of defamation continues to apply
to the following causes of action in the same way as it would have applied to
those causes of action had this Act not been enacted:
(a)
any cause of action that accrued before the
commencement of this Act,
(b)
any post-commencement action to which the other
provisions of this Act do not apply because of subclause
(2).
(4)
In this clause, the existing
law of defamation means the law (including all relevant
statutory provisions and principles and rules of the general law) that applied
in this jurisdiction to the determination of civil liability for the
publication of defamatory matter immediately before the commencement of this
Act.
3Amendments to this Act
consequent on repeal of Coal Mines Regulation Act
1982
(1)
In this clause:
relevant
day means:
(a)
if the Coal Mines
Regulation Act 1982 is repealed by the Coal Mine Health and Safety Act 2002 on
or before 1 January 2006—1 January 2006, or
(b)
if the Coal Mines
Regulation Act 1982 is repealed by the Coal Mine Health and Safety Act 2002
after 1 January 2006—the day on which that Act is
repealed.
(2)
Clause 16 of Schedule 1 and clause 11 of Schedule
3 are amended on the relevant day by omitting “Coal
Mines Regulation Act 1982” wherever occurring and by
inserting instead “Coal Mine Health and Safety Act
2002”.
4Amendments to this Act
consequent on repeal of Mines Inspection Act
1901
(1)
In this clause:
relevant
day means:
(a)
if the Mines Inspection
Act 1901 is repealed by the Mine
Health and Safety Act 2004 on or before 1 January
2006—1 January 2006, or
(b)
if the Mines Inspection
Act 1901 is repealed by the Mine
Health and Safety Act 2004 after 1 January 2006—the
day on which that Act is repealed.
(2)
Clause 17 of Schedule 1 and clause 12 of Schedule
3 are amended on the relevant day by omitting “Mines
Inspection Act 1901” wherever occurring and by
inserting instead “Mine Health and Safety Act
2004”.
5Amendments to this Act
consequent on amendments made by Crimes
(Administration of Sentences) Amendment (Parole) Act
2004
(1)
In this clause:
relevant
day means:
(a)
if Schedule 1 [1] to the Crimes
(Administration of Sentences) Amendment (Parole) Act 2004
commences on or before 1 January 2006—1 January 2006,
or
(b)
if Schedule 1 [1] to the Crimes
(Administration of Sentences) Amendment (Parole) Act 2004
commences after 1 January 2006—the day on which Schedule 1 [1] to that
Act commences.
(2)
Clause 7 of Schedule 1 is amended on the relevant
day:
(a)
by omitting “Parole Board” wherever
occurring and by inserting instead “State Parole Authority”,
and
(b)
by omitting “that Board” and by
inserting instead “that Authority”.
6Construction of
references
(1)
In any other Act or instrument:
(a)
subject to paragraph (b), a reference to the
Defamation Act 1974 is taken to be a
reference to this Act, and
(b)
a reference to a provision of the Defamation Act 1974 is taken to be a
reference to the corresponding provision or provisions (if any) of this Act or
section 529 of the Crimes Act
1900.
(2)
Subclause (1) does not apply to any provision of
another Act, or an instrument made under another Act, prescribed by the
regulations.
Schedules 5, 6
sch 5: Rep 2006 No
58, Sch 4.
sch 6: Rep 2006 No
58, Sch 4.
Historical
notes
Table of amending
instruments
Defamation Act
2005 No 77. Second reading speech made: Legislative
Assembly, 13.9.2005; Legislative Council, 18.10.2005. Assented to 26.10.2005.
Date of commencement, 1.1.2006, sec 2. This Act has been amended by cll
3–5 of Sch 4 to this Act and as follows:
2005
No
98
Statute Law
(Miscellaneous Provisions) Act (No 2) 2005. Assented to
24.11.2005.
Date of commencement of Sch 2.14, assent, sec 2
(2).
2006
No
58
Statute Law
(Miscellaneous Provisions) Act 2006. Assented to
20.6.2006.
Date of commencement of Sch 4, assent, sec 2
(1).
No
111
Aboriginal Land
Rights Amendment Act 2006. Assented to 4.12.2006.
Date of commencement of Sch 2.2, 1.7.2007, sec 2 and GG
No 83 of 29.6.2007, p 3965.
2009
No
21
Racing
Legislation Amendment Act 2009. Assented to
15.5.2009.
Date of commencement, 1.7.2009, sec 2 and 2009 (293) LW
26.6.2009.
No
49
NSW Trustee and
Guardian Act 2009. Assented to 26.6.2009.
Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW
1.7.2009.
No
53
Government
Information (Information Commissioner) Act 2009. Assented
to 26.6.2009.
Date of commencement, 17.7.2009, sec 2 and 2009 (329) LW
17.7.2009.
No
56
Statute Law
(Miscellaneous Provisions) Act 2009. Assented to
1.7.2009.
Date of commencement of Sch 2.12, 17.7.2009, sec 2
(2).
No
119
Surveying
Amendment Act 2009. Assented to 14.12.2009.
Date of commencement, assent, sec
2.
2010
No
34
Health
Practitioner Regulation Amendment Act 2010. Assented to
15.6.2010.
Date of commencement of Sch 2, 1.7.2010, sec 2
(2).
No
84
Protected
Disclosures Amendment (Public Interest Disclosures) Act
2010. Assented to 1.11.2010.
Date of commencement of Sch 2, 3.3.2011, sec 2 and 2011
(121) LW 3.3.2011.
2011
No
48
Public Sector
Employment and Management Amendment (Ethics and Public Service Commissioner)
Act 2011. Assented to 20.10.2011.
Date of commencement, 1.11.2011, sec 2 and 2011 (558) LW
28.10.2011.
2012
No
66
Crime Commission
Act 2012. Assented to 24.9.2012.
Date of commencement of Sch 5.4, 5.10.2012, sec 2 and
2012 (499) LW 5.10.2012.
Table of
amendments
Sec
24
Am 2005 No
98, Sch 2.14 [1].
Sec
32
Am 2005 No
98, Sch 2.14 [2].
Sec
48
Rep 2006 No
58, Sch 4.
Sch
1
Am 2005 No
77, Sch 4, cll 3 (2), 4 (2), 5 (2); 2006 No 111, Sch 2.2 [1]; 2009 No 21, Sch
3.2 [1] [2]; 2009 No 94, Sch 2.19; 2009 No 53, Sch 1.1; 2009 No 56, Sch 2.12;
2009 No 119, Sch 2.7; 2010 No 34, Sch 2.12 [1]; 2010 No 84, Sch 2.1 [1] [2];
2011 No 48, Sch 2.2; 2012 No 66, Sch 5.4.
Sch
2
Am 2006 No
111, Sch 2.2 [2]; 2010 No 34, Sch 2.12 [2].
Sch
3
Am 2005 No
77, Sch 4, cll 3 (2), 4 (2); 2006 No 111, Sch 2.2 [3]; 2009 No 21, Sch 3.2
[3]; 2010 No 34, Sch 2.12 [3].
Schs 5,
6
Rep 2006 No
58, Sch 4.