Victorian Consolidated Legislation

Defamation Act 2005 - SECT 15

Content of offer to make amends

15. Content of offer to make amends



(1) An offer to make amends-

   (a)  must be in writing; and

   (b)  must be readily identifiable as an offer to make amends under this
        Division; and

   (c)  if the offer is limited to any particular defamatory imputations-must
        state that the offer is so limited and particularise the imputations
        to which the offer is limited; and

   (d)  must include an offer to publish, or join in publishing, a reasonable
        correction of the matter in question or, if the offer is limited to
        any particular defamatory imputations, the imputations to which the
        offer is limited; and

   (e)  if material containing the matter has been given to someone else by
        the publisher or with the publisher's knowledge-must include an offer
        to take, or join in taking, reasonable steps to tell the other person
        that the matter is or may be defamatory of the aggrieved person; and

   (f)  must include an offer to pay the expenses reasonably incurred by the
        aggrieved person before the offer was made and the expenses reasonably
        incurred by the aggrieved person in considering the offer; and





   (g)  may include any other kind of offer, or particulars of any other
        action taken by the publisher, to redress the harm sustained by the
        aggrieved person because of the matter in question, including (but not
        limited to)-

   (i)  an offer to publish, or join in publishing, an apology in relation to
        the matter in question or, if the offer is limited to any particular
        defamatory imputations, the imputations to which the offer is limited;
        or

   (ii) an offer to pay compensation for any economic or non-economic loss of
        the aggrieved person; or

   (iii) the particulars of any correction or apology made, or action taken,
        before the date of the offer.

(2) Without limiting subsection (1)(g)(ii), an offer to pay compensation may
comprise or include any one or more of the following-

   (a)  an offer to pay a stated amount;

   (b)  an offer to pay an amount to be agreed between the publisher and the
        aggrieved person;

   (c)  an offer to pay an amount determined by an arbitrator appointed, or
        agreed on, by the publisher and the aggrieved person;

   (d)  an offer to pay an amount determined by a court.







(3) If an offer to make amends is accepted, a court may, on the application of
the aggrieved person or publisher, determine-

   (a)  if the offer provides for a court to determine the amount of
        compensation payable under the offer-the amount of compensation to be
        paid under the offer; and

   (b)  any other question that arises about what must be done to carry out
        the terms of the offer.

(4) The powers conferred on a court by subsection (3) are exercisable-

   (a)  if the aggrieved person has brought proceedings against the publisher
        in any court for defamation in relation to the matter in question, by
        that court in those proceedings; and

   (b)  except as provided in paragraph (a), by the Supreme Court.