New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

DEFAMATION ACT 2005 - SCHEDULE 1

SCHEDULE 1 – Additional publications to which absolute privilege applies

(Section 27 (2) (d))

1 Matters 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.

2 Matters 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.

3 Matters 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 .

4 Matters 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.

5 Matters 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 .

6 Certain 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.

7 Matters 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.

8 Matters 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.

9 Matters 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 Director of Equal Opportunity in Public Employment appointed under the Anti-Discrimination Act 1977 .
(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.

10 Appeals 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.

11 Matters 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.

12 Matters arising under Greyhound and Harness Racing Administration Act 2004

(cf Act No 18 1974, s 17E)
Without limiting section 27 (2) (a)-(c), matter that is published:

(a) in the course of an appeal under the Greyhound and Harness Racing Administration Act 2004 , or
(b) by the Greyhound and Harness Racing Appeals Tribunal or the Greyhound and Harness Racing Regulatory Authority in an official report of its decision in respect of any such appeal or of the reasons for its decision, or
(c) in the course of proceedings in respect of an inquiry conducted by that Authority in the exercise of its regulatory functions (including the exercise of any such function by a steward of that Authority), or
(d) by that Authority in a report it makes in respect of such an inquiry.

13 Matters relating to farm produce sellers

(cf Act No 18 1974, s 17EA)
Without limiting section 27 (2) (a)-(c), matter that is published in a notice under section 47 or 48 of the Farm Produce Act 1983 .

14 Matters 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.

15 Matters arising under Medical Practice Act 1992

(cf Act No 18 1974, s 17FA)

(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 or other matter or the holding of any inquiry, performance review, investigation or appeal under the Medical Practice Act 1992 :
(i) the New South Wales Medical Board,
(ii) an Impaired Registrants Panel,
(iii) a Performance Review Panel,
(iv) a Professional Standards Committee,
(v) the Medical Tribunal,
(vi) a member of any of the bodies referred to in subparagraphs (i)-(v),
(vii) 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 or other matter or any inquiry, performance review, investigation or appeal, or of the reasons for such a decision or determination.
(2) In this clause:
(a) a reference to the New South Wales Medical Board 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.

16 Matters 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 .

17 Matters arising under Mines Inspection Act 1901

(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 Mines Inspection Act 1901 , 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 Mines Inspection Act 1901 .

18 Matters 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.

19 Matters 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.

20 Matters arising under New South Wales Crime Commission Act 1985

(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.

21 Matters 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.

22 Matters 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.

23 Matters 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.

24 Matters 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 Protective Commissioner under section 79 of the Protected Estates Act 1983 .

25 Matters 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 .

26 Matters arising under Protected 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 public official or public authority referred to in section 8 (1) (b) or (c) of the Protected Disclosures Act 1994 of a disclosure made to the public official 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 .

27 Matters 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.

28 Matters 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.

29 Matters 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 .

30 Matters 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).

31 Matters 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 .

32 Matters arising under Surveying 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 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 Act 2002 .



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]