Victorian Consolidated Legislation

Defamation Act 2005 - SECT 27

Defence of absolute privilege

27. Defence of absolute privilege



(1) It is a defence to the publication of defamatory matter if the defendant
proves that it was published on an occasion of absolute privilege.

(2) Without limiting subsection (1), matter is published on an occasion of
absolute privilege if-

   (a)  the matter is published in the course of the proceedings of a
        parliamentary body, including (but not limited to)-

   (i)  the publication of a document by order, or under the authority, of the
        body; and

   (ii) the publication of the debates and proceedings of the body by or under
        the authority of the body or any law; and

   (iii) the publication of matter while giving evidence before the body; and

   (iv) the publication of matter while presenting or submitting a document to
        the body; or

   (b)  the matter is published in the course of the proceedings of an
        Australian court or Australian tribunal, including (but not limited
        to)-

   (i)  the publication of matter in any document filed or lodged with, or
        otherwise submitted to, the court or tribunal (including any
        originating process); and

   (ii) the publication of matter while giving evidence before the court or
        tribunal; and

   (iii) the publication of matter in any judgment, order or other
        determination of the court or tribunal; or

   (c)  the matter is published on an occasion that, if published in another
        Australian jurisdiction, would be an occasion of absolute privilege in
        that jurisdiction under a provision of a law of the jurisdiction
        corresponding to this section; or

   (d)  the matter is published by a person or body in any circumstances
        specified in Schedule 1.