DEFAMATION ACT 1974 - As at 26 October 2005 - Act 18 of 1974

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Repeal of Defamation Act 1958
5. (Repealed)
• 6 Act binds Crown
• 7 Definitions

PART 2 - GENERAL

• 7A Functions of judge and jury
• 8 Slander actionable without special damage
• 8A Corporations do not have cause of action for defamation
• 9 Causes of action

PART 2A - RESOLUTION OF DISPUTES WITHOUT LITIGATION

• 9A Object of Part
• 9B Application of Part
• 9C Definitions
• 9D Offers to make amends
• 9E What is a reasonable offer to make amends?
• 9F Acceptance of offer to make amends
• 9G Effect of failure to accept reasonable offer to make amends

PART 3 - DEFENCE IN CIVIL PROCEEDINGS

Division 1 - General

• 10 Application
• 11 Common law defence etc
12. (Repealed)
• 13 Unlikelihood of harm

Division 2 - Truth

• 14 Interpretation
• 15 Truth generally
• 16 Truth: contextual imputations

Division 3 - Absolute privilege

• 17 Parliamentary papers
• 17A Matters relating to Ombudsman etc
• 17B Matters relating to the Privacy Commissioner
• 17BA Matters relating to the Law Reform Commission
• 17BB Conciliation officers and conciliators under Workers Compensation Acts
• 17BC Matters arising under Motor Accidents Acts
• 17BD Matters arising under Workers Compensation Acts
• 17C Certain decisions of public health organisations under the Health Services Act 1997
• 17CA Matters arising out of proceedings of State Parole Authority, Serious Offenders Review Council and Serious Offenders Management Committee
• 17CB Matters relating to the operation of the Inspector-General of Corrective Services
• 17D Matters arising under Anti-Discrimination Act 1977
• 17DA Appeals under the Racing Appeals Tribunal Act 1983
• 17DB Matters arising under the Thoroughbred Racing Act 1996
17DC. (Repealed)
• 17E Matters arising under the Greyhound and Harness Racing Administration Act 2004
• 17EA Matters relating to farm produce sellers
• 17F Matters arising under Legal Services Commission Act 1979
• 17FA Matters arising under Medical Practice Act 1992
• 17G Reports under the Coal Mines Regulation Act 1982
• 17I Matters arising under Commissioner of Public Complaints Act 1984
• 17J Matters arising under the Legal Profession Act 1987
• 17JA Matters arising under the Surveying Act 2002
• 17K Matters arising under the Independent Commission Against Corruption Act 1988
17KA. (Repealed)
• 17L Matters arising under the New South Wales Crime Commission Act 1985
• 17M Matters arising under the Government Pricing Tribunal Act 1992
• 17N Hearings under Casino Control Act 1992
• 17O Matters relating to the HomeFund Commissioner
• 17P Matters arising under Protected Estates Act 1983
• 17Q Matters arising under the Public Finance and Audit Act 1983
• 17QA Matters relating to the Protected Disclosures Act 1994
• 17R Matters arising under the Health Care Complaints Act 1993
• 17S Matters arising under the Police Integrity Commission Act 1996
• 17T Matters relating to the Local Government Pecuniary Interest Tribunal
• 17TA Matters arising under the Administrative Decisions Tribunal Act 1997
• 17TB Matters relating to the Aboriginal Land Councils Pecuniary Interest Tribunal
• 17U Reports under the Mines Inspection Act 1901
• 18 Proceedings of inquiry
• 19 Report of inquiry

Division 4 - Qualified privilege

• 20 Multiple publication
• 21 Mistaken character of recipient
• 22 Information
23. (Repealed)

Division 5 - Protected reports etc

• 24 Protected reports--Schedule 2
• 25 Copies etc of official and public documents and records
• 26 Defeat of defence under secs 24, 25

Division 6 - Court notices, official notices etc

• 27 Court notices
• 28 Official notices etc

Division 7 - Comment

• 29 General
• 30 Proper material
• 31 Public interest
• 32 Comment of defendant
• 33 Comment of servant or agent of defendant
• 34 Comment of stranger
• 35 Effect of defence

Division 8 - (Repealed)

PART 4 - DAMAGES AND COSTS

• 46 General
• 46A Factors relevant in damages assessment
• 47 Truth or falsity of imputation
• 48 Other recoveries
• 48A Costs in proceedings for defamation

PART 5 - CRIMINAL DEFAMATION

• 49 Common law criminal libel abolished
• 50 Offence
• 51 Lawful excuse
• 52 Criminal informations excluded
• 53 Defamatory meaning; verdict

PART 6 - SUPPLEMENTAL

• 54 Evidence of publication etc
• 55 Evidence of criminal offence
• 56 Criminating answer etc
• 56A Regulations
• 57 Damages on failure of a prosecution under sec 50
• 58 Savings and transitional provisions
Schedule 1 (Repealed)
• SCHEDULE 2
• SCHEDULE 3