New South Wales Consolidated Acts

CO-OPERATIVES ACT 1992 - SECT 5A

5A Qualified privilege

(cf Vic Act s 5)

(1) If this Act provides that a person has qualified privilege in respect of an act, matter or thing, the person, in respect of that act, matter or thing:

(a) has qualified privilege in proceedings for defamation, or

(b) is not, in the absence of malice on the person’s part, liable to an action for defamation at the suit of a person.

(2) In subsection (1):
"malice" includes ill-will to the person concerned or any other improper motive.

(3) Neither this section nor a provision of this Act that provides as mentioned in subsection (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as defendant in proceedings, or an action, for defamation.