BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 296 Privilege

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 296

296 Privilege

(1) In this section—


"adjudication" includes action taken in making arrangements for an adjudication or in the follow-up of an adjudication.


"specialist conciliation session" includes action taken for making arrangements for a specialist conciliation session or in the follow-up of the session.


"specialist mediation session" includes action taken for making arrangements for a specialist mediation session or in the follow-up of a mediation session.

(2) Subject to subsection (3) , the like privilege that exists with respect to defamation for a proceeding before the Supreme Court, and a document produced in the proceeding, exists for—

(a) an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or

(b) a document or other material—

(i) sent or given to a person, or produced at a place—

(A) for enabling a dispute resolution recommendation to be made; or

(B) for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or

(ii) produced in an adjudication or at a department conciliation session, specialist conciliation session or specialist mediation session; or

(c) a statement made to the commissioner or a dispute resolution officer—

(i) for enabling a dispute resolution recommendation to be made; or

(ii) for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session.

(3) The privilege conferred by subsection (2) does not extend to a publication made otherwise than—

(a) at an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or

(b) as provided by subsection (2) (b) or (c) .