VICTORIA POLICE ACT 2013 - SECT 234 Certain crime reports privileged

VICTORIA POLICE ACT 2013 - SECT 234

    (1)     This section applies to any document issued for publication by the Chief Commissioner or on his or her behalf by a police officer of or above the rank of inspector for the purpose of protecting the public or gaining information that may be of assistance in the investigation of an alleged offence.

    (2)     The publication—

        (a)     in any public newspaper or other periodical publication; or

        (b)     by transmission to the general public in a radio or television program; or

        (c)     by any other form of electronic communication within the meaning of the Defamation Act 2005 —

of a copy, or a fair and accurate report or summary, of the document is privileged unless the publication is proved to be made with malice.

    (3)     In a proceeding, if the plaintiff proves that the defendant was requested by the plaintiff to publish a reasonable letter or statement by way of contradiction or explanation of the copy, document, report or summary published by the defendant, then subsection (2) is not available as a defence unless the defendant proves that the defendant published the letter or statement—

        (a)     within a reasonable time after the request; and

        (b)     in such a manner that it was likely to come to the notice of the same general audience as that for the copy, document, report or summary.

    (4)     This section does not limit or abridge any privilege existing by law.

Division 3—Agency photographs