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

This legislation has been repealed.

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      (Repealed)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     (Repealed)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   (Repealed)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