Victorian Consolidated Legislation

Defamation Act 2005 - SECT 14

When offer to make amends may be made

14. When offer to make amends may be made



(1) An offer to make amends cannot be made if-

   (a)  28 days have elapsed since the publisher was given a concerns notice
        by the aggrieved person; or

   (b)  a defence has been served in an action brought by the aggrieved person
        against the publisher in relation to the matter in question.

(2) A notice is a concerns notice for the purposes of this section if the
notice-

   (a)  is in writing; and

   (b)  informs the publisher of the defamatory imputations that the aggrieved
        person considers are or may be carried about the aggrieved person by
        the matter in question (the imputations of concern).

(3) If an aggrieved person gives the publisher a concerns notice, but fails to
particularise the imputations of concern adequately, the publisher may give
the aggrieved person a written notice (a further particulars notice)
requesting the aggrieved person to provide reasonable further particulars
about the imputations of concern as specified in the further particulars
notice.

(4) An aggrieved person to whom a further particulars notice is given must
provide the reasonable further particulars specified in the notice within 14
days (or any further period agreed by the publisher and aggrieved person)
after being given the notice.



(5) An aggrieved person who fails to provide the reasonable further
particulars specified in a further particulars notice within the applicable
period is taken not to have given the publisher a concerns notice for the
purposes of this section.