Division 3(1) There is a defence of absolute privilege for the publication of a document by order or under the authority of either House or both Houses of Parliament.(2) There is a defence of absolute privilege for the publication by the Government Printer of the debates and proceedings of either House or both Houses of Parliament.(3) There is a defence of absolute privilege for the publication of:(a) a document previously published as mentioned in subsection (1) or a copy of a document so published, and(b) debates and proceedings previously published as mentioned in subsection (2) or a copy of debates and proceedings so published.
17A Matters relating to Ombudsman etc
(1) There is a defence of absolute privilege for a publication to or by the Ombudsman, as Ombudsman, or to any officer of the Ombudsman, as such an officer.(2) Subsection (1) applies in relation to an acting Ombudsman, a Deputy Ombudsman and a special officer of the Ombudsman in the same way as it applies in relation to the Ombudsman.(3) There is a defence of absolute privilege for a publication to a member of Parliament for the purposes of section 12 (2) of the Ombudsman Act 1974 or section 127 (7) of the Police Act 1990.(4) There is a defence of absolute privilege for the publication under section 31AA of the Ombudsman Act 1974 or under section 169 of the Police Act 1990 of a report.(5) There is a defence of absolute privilege for the publication, under the authority of the Minister for the time being administering the Ombudsman Act 1974, of a copy of a report previously made public under section 31AA of that Act.(6) There is a defence of absolute privilege for the publication, under the authority of the Minister for the time being administering the Police Act 1990 of a copy of a report previously made public under section 169 of that Act.
17B Matters relating to the Privacy Commissioner
(1) There is a defence of absolute privilege for a publication to or by the Privacy Commissioner, as Privacy Commissioner, or to any member of the staff of the Privacy Commissioner, as such a member.(2) Subsection (1) applies in relation to an acting Privacy Commissioner in the same way as it applies in relation to the Privacy Commissioner.(3) There is a defence of absolute privilege for the publication of a report under section 65 of the Privacy and Personal Information Protection Act 1998.(4) There is a defence of absolute privilege for the publication, under the authority of the Minister administering the Privacy and Personal Information Protection Act 1998, of a copy of a report previously made public under section 65 of that Act.
17BA Matters relating to the Law Reform Commission
(1) A report published pursuant to section 13 (6) of the Law Reform Commission Act 1967 shall, for the purposes of this Act, be deemed to have been published under the authority of either House of Parliament.(2) There is a defence of absolute privilege:(a) for a publication in the course of the proceedings of, or in the course of an inquiry held by, the Law Reform Commission under the Law Reform Commission Act 1967, and(b) for any other publication by the Law Reform Commission in connection with a reference to it under that Act.(3) Subsection (2) does not apply to a report referred to in section 13 of the Law Reform Commission Act 1967.
17BB Conciliation officers and conciliators under Workers Compensation Acts
There is a defence of absolute privilege:(a) for a publication to or by a conciliation officer or conciliator for the purpose of any proceedings under the Workers Compensation Act 1987 or the Workplace Injury Management and Workers Compensation Act 1998, and(b) for the publication by any such conciliation officer or conciliator of a report of a decision or determination in respect of any such proceedings and of the reasons for that decision or determination, and(c) for the publication by any such conciliation officer or conciliator of a conciliation certificate under section 98D of the Workers Compensation Act 1987 or section 84 of the Workplace Injury Management and Workers Compensation Act 1998.
17BC Matters arising under Motor Accidents Acts
There is a defence of absolute privilege:(a) for a publication to or by:(i) a licensed insurer (within the meaning of the Motor Accidents Act 1988 or the Motor Accidents Compensation Act 1999), or(ii) the Nominal Defendant,for the purpose of any claim or any proceedings arising from any claim under the Motor Accidents Act 1988 or the Motor Accidents Compensation Act 1999, and(b) for a publication by any such licensed insurer or the Nominal Defendant of a report of a decision or determination in respect of any such claim and of the reason for that decision or determination, and(c) for a publication by the Motor Accidents Authority of New South Wales of the whole or any part of the register maintained by the Authority under section 67 of the Motor Accidents Act 1988 or section 120 of the Motor Accidents Compensation Act 1999.
17BD Matters arising under Workers Compensation Acts
(1) There is a defence of absolute privilege:(a) for a publication to or by an insurer for the purpose of any claim or any proceedings arising from any claim under the Workers Compensation Act 1987 or the Workplace Injury Management and Workers Compensation Act 1998, and(b) for a publication by an insurer of a report of a decision or determination in respect of any such claim and of the reason for that decision or determination, and(c) for a publication of information under section 93D of the Workers Compensation Act 1987 or section 72 of the Workplace Injury Management and Workers Compensation Act 1998 by the Authority referred to in that section, and(d) for a publication to or by an insurer pursuant to an exchange of information authorised by section 93D (2) of the Workers Compensation Act 1987 or section 72 of the Workplace Injury Management and Workers Compensation Act 1998.(2) In subsection (1), a reference to insurer or claim has the same meaning as it has in the provision of the Workers Compensation Act 1987 or of the Workplace Injury Management and Workers Compensation Act 1998 to which the reference relates.
17C Certain decisions of public health organisations under the Health Services Act 1997
There is a defence of absolute privilege for the publication under section 105 of the Health Services Act 1997 of a decision, and the reasons for that decision, of a public health organisation referred to in that section.
17CA Matters arising out of proceedings of Parole Board, Serious Offenders Review Council and Serious Offenders Management Committee
There is a defence of absolute privilege:(a) for a publication of a report or other document under the Crimes (Administration of Sentences) Act 1999 by the Parole Board or the Serious Offenders Review Council, and(b) for a publication in the course of any proceedings of the following bodies:• the Parole Board or a Division or a committee of that Board• the Serious Offenders Review Council or a Division or a committee of that Council• the Serious Offenders Management Committee or a subcommittee of that Committee, and(c) for a publication by a body referred to in paragraph (b) of a report of any proceedings referred to in that paragraph.
17CB Matters relating to the operation of the Inspector-General of Corrective Services
There is a defence of absolute privilege for a publication:(a) to or by the Inspector-General of Corrective Services, or(b) to or by an officer of the Inspector-General as such an officer.
17D Matters arising under Anti-Discrimination Act 1977
(1) There is a defence of absolute privilege for a publication to or by a member of the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997 to or by a member of the Anti-Discrimination Board constituted under the Anti-Discrimination Act 1977, to or by the President, or any officer of the President, of that Board, to the Registrar of that Tribunal, to any officer of the Public Service appointed or employed to assist in the execution or administration of the Anti-Discrimination Act 1977 or to or by the Director of Equal Opportunity in Public Employment appointed under the Anti-Discrimination Act 1977, if the publication is made for the purpose of the execution or administration of the Anti-Discrimination Act 1977.(2) There is a defence of absolute privilege for the publication of a report:(a) referred to in section 91 (2) or 94 (1) of the Anti-Discrimination Act 1977 of the President of the Anti-Discrimination Board constituted under that Act made to the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997, or(b) referred to in section 120 (2), 121, 122 or 122R (b) of that Act to the Minister administering that Act.
17DA Appeals under the Racing Appeals Tribunal Act 1983
There is a defence of absolute privilege:(a) for a publication in the course of an appeal under the Racing Appeals Tribunal Act 1983, and(b) for a publication by the Racing Appeals Tribunal in an official report of its decision in respect of any such appeal and of the reasons for that decision.
17DB Matters arising under the Thoroughbred Racing Act 1996
There is a defence of absolute privilege:(a) for a publication in the course of proceedings in respect of an inquiry conducted by Racing New South Wales, and(b) for the publication by Racing New South Wales of a report it makes in respect of such an inquiry.
17E Matters arising under the Greyhound and Harness Racing Administration Act 2004
There is a defence of absolute privilege:(a) for a publication in the course of an appeal under the Greyhound and Harness Racing Administration Act 2004, and(b) for a publication by the Greyhound and Harness Racing Appeals Tribunal or the Greyhound and Harness Racing Regulatory Authority in an official report of its decision in respect of any such appeal and of the reasons for that decision, and(c) for a publication in the course of proceedings in respect of an inquiry conducted by that Authority in the exercise of its regulatory functions (including the exercise of any such function by a steward of that Authority), and(d) for the publication by that Authority of a report it makes in respect of such an inquiry.
17EA Matters relating to farm produce sellers
There is a defence of absolute privilege for the publication of a notice under section 47 or 48 of the Farm Produce Act 1983.
17F Matters arising under Legal Services Commission Act 1979
There is a defence of absolute privilege for a publication to or by the Legal Services Commission of New South Wales constituted under the Legal Services Commission Act 1979, an officer of that Commission or a committee established under that Act if the publication is made for the purpose of the execution or administration of that Act.
17FA Matters arising under Medical Practice Act 1992
(1) There is a defence of absolute privilege:(a) for a publication to or by:(i) the New South Wales Medical Board, or(ii) an Impaired Registrants Panel, or(iii) a Performance Review Panel, or(iv) a Professional Standards Committee, or(v) the Medical Tribunal, or(vi) a member of any of the bodies referred to in subparagraphs (i)–(v), or(vii) an assessor,for the purpose of the assessment or referral of a complaint or other matter or the holding of any inquiry, performance review, investigation or appeal under the Medical Practice Act 1992, and(b) for a publication by a body or person referred to in paragraph (a) of a report of a decision or determination in respect of a complaint or other matter or any inquiry, performance review, investigation or appeal, and of the reasons for that decision or determination.(2) In this section:(a) a reference to the New South Wales Medical Board includes a reference to a committee of the Board, and(b) a reference to a member of the Board includes a reference to a member of any such committee.
17G Reports under the Coal Mines Regulation Act 1982
There is a defence of absolute privilege:(a) for the publication of a report by an inspector, a mine safety officer, an investigator or a Board of Inquiry, under the Coal Mines Regulation Act 1982, to or by the Minister administering that Act or the Director-General of the Department of Mineral Resources, or(b) for a publication by a Board of Inquiry in the course of a special inquiry under the Coal Mines Regulation Act 1982.
17I Matters arising under Commissioner of Public Complaints Act 1984
(1) There is a defence of absolute privilege for a publication to or by the Commissioner of Public Complaints as that Commissioner, or to any officer of that Commissioner as such an officer.(2) Subsection (1) applies in relation to an acting Commissioner of Public Complaints in the same way as it applies in relation to the Commissioner.
17J Matters arising under the Legal Profession Act 1987
(1) There is a defence of absolute privilege:(a) for a publication to or by any of the following:(i) the Bar Council,(ii) a member of the Bar Council as such a member,(iii) a committee or subcommittee of the Bar Council, or any member of a committee or subcommittee of the Bar Council,(iv) the Law Society Council,(v) a member of the Law Society Council as such a member,(vi) a committee or subcommittee of the Law Society Council, or any member of a committee or subcommittee of the Law Society Council,(vii) the Bar Association,(viii) the Law Society,(ix) the Legal Services Commissioner,(x) (Repealed)(xi) any member of the staff of any of the above as such a member,for the purpose of the making or referral of a complaint, or the investigation, hearing or review of a complaint, under Part 10 of the Legal Profession Act 1987, and(b) for the publication by a body or person referred to in paragraph (a) of a report of the decision or determination of the body or person in respect of a complaint, and of the reasons for that decision or determination, under Part 10 of the Legal Profession Act 1987, and(c) for the publication by a person or body referred to in paragraph (a) to such a person or body of information in accordance with the exercise of functions under Part 3 or Part 5A of the Legal Profession Act 1987, and(d) for the publication by a person or body referred to in paragraph (a) of a report of the decision or determination of the Bar Council or the Law Society Council in respect of the refusal to issue, cancellation or suspension of a practising certificate.(2) This section extends to all publications made on or after 1 January 1988 (the date of commencement of this section) regardless of whether the body or person who made the publication, or to whom the publication was made, was at the relevant time a body or person referred to in subsection (1) (a).
17K Matters arising under the Independent Commission Against Corruption Act 1988
(1) There is a defence of absolute privilege for a publication to or by the Independent Commission Against Corruption or the Commissioner for the Commission as Commissioner, or to any officer of the Commission (within the meaning of the Independent Commission Against Corruption Act 1988) as such an officer.(2) This section applies in relation to any hearing before the Independent Commission Against Corruption or any other matter relating to the powers, authorities, duties or functions of the Commission.(3) This section extends to publications made before the commencement of this section.
17L Matters arising under the New South Wales Crime Commission Act 1985
(1) There is a defence of absolute privilege for a publication to or by the New South Wales Crime Commission or to any member of the Commission or member of the staff of the Commission in his or her capacity as such a member.(2) This section applies in relation to any hearing before the New South Wales Crime Commission or any other matter relating to the powers, authorities, duties or functions of the Commission.(3) This section extends to publications made before the commencement of this section.
17M Matters arising under the Government Pricing Tribunal Act 1992
(1) There is a defence of absolute privilege for a publication to or by the Government Pricing Tribunal or to any member of the Tribunal or member of staff of the Tribunal in his or her capacity as such a member.(2) This section applies in relation to any hearing before the Government Pricing Tribunal or any other matter relating to the powers, authorities, duties or functions of the Tribunal.
17N Hearings under Casino Control Act 1992
There is a defence of absolute privilege for a publication to or by the Casino Control Authority, or the person presiding at an inquiry under section 143 of the Casino Control Act 1992, for the purpose of such an inquiry.
17O Matters relating to the HomeFund Commissioner
(1) There is a defence of absolute privilege for a publication to or by the HomeFund Commissioner, as HomeFund Commissioner, or to any member of the staff of the HomeFund Commissioner, as such a member.(2) Subsection (1) applies in relation to an acting HomeFund Commissioner in the same way as it applies in relation to the HomeFund Commissioner.(3) There is a defence of absolute privilege for the publication under section 34 (3) of the HomeFund Commissioner Act 1993 of a report.(4) There is a defence of absolute privilege for the publication, under the authority of the Minister for the time being administering the HomeFund Commissioner Act 1993, of a copy of a report previously made public under section 34 (3) of that Act.
17P Matters arising under Protected Estates Act 1983
There is a defence of absolute privilege for a publication of a report to the Protective Commissioner under section 79 of the Protected Estates Act 1983.
17Q Matters arising under the Public Finance and Audit Act 1983
There is a defence of absolute privilege for a publication to or by the Auditor-General or a member of staff of the Audit Office as such a member of a disclosure made in relation to a complaint under Division 7 of Part 3 of the Public Finance and Audit Act 1983.
17QA Matters relating to the Protected Disclosures Act 1994
(1) There is a defence of absolute privilege for a publication to or by a public official or public authority referred to in section 8 (1) (b) or (c) of the Protected Disclosures Act 1994 of a disclosure made to the public official or public authority in relation to an allegation of corrupt conduct, maladministration or serious and substantial waste of public money or local government money if the publication is for the purpose of investigating that allegation.(2) In this section, local government money includes all revenue, loans and other money collected, received or held by, for or on account of:(a) a council, or(b) a county council,within the meaning of the Local Government Act 1993.
17R Matters arising under the Health Care Complaints Act 1993
(1) There is a defence of absolute privilege:(a) for a publication to or by the Commission of or concerning a complaint by a complainant under the Health Care Complaints Act 1993, and(b) for a publication to or by a conciliator for the purpose of the conciliation of a complaint under the Health Care Complaints Act 1993, and(c) for the publication by any such conciliator of a report or information under section 53 or 54 of the Health Care Complaints Act 1993.(2) There is a defence of absolute privilege:(a) for a publication of a report under section 30 of the Health Care Complaints Act 1993 (or that section as applied by section 61 of that Act), and(b) for the publication of a report made under section 62 (1) of the Health Care Complaints Act 1993 by the Health Care Complaints Commission constituted under that Act.
17S Matters arising under the Police Integrity Commission Act 1996
(1) There is a defence of absolute privilege for a publication:(a) to or by the Police Integrity Commission, or(b) to or by the Commissioner for the Police Integrity Commission as Commissioner, or(c) to or by the Inspector of the Police Integrity Commission as Inspector, or(d) to any officer of the Commission or officer of the Inspector (within the meaning of the Police Integrity Commission Act 1996) as such an officer.(2) This section applies in relation to any hearing before the Police Integrity Commission or Inspector of the Police Integrity Commission or any other matter relating to the powers, authorities, duties or functions of the Commission or Inspector.
17T Matters relating to the Local Government Pecuniary Interest Tribunal
(1) There is a defence of absolute privilege for a publication to or by the Local Government Pecuniary Interest Tribunal constituted under the Local Government Act 1993 if the publication is made for the purpose of the execution or administration of that Act or if the publication is a publication by that Tribunal of an official report of a decision of that Tribunal or of the reasons of that Tribunal for a decision.(2) There is a defence of absolute privilege for a publication to or by the Department of Local Government or the Director-General of that Department if the publication is:(a) an official report of a decision of the Local Government Pecuniary Interest Tribunal, or(b) a statement of a decision of that Tribunal or of the reasons of that Tribunal for a decision,provided or made public by the Tribunal under section 484 (3) of the Local Government Act 1993.
17TA Matters arising under the Administrative Decisions Tribunal Act 1997
There is a defence of absolute privilege for a publication to or by the Administrative Decisions Tribunal under the Administrative Decisions Tribunal Act 1997 (including a publication by that Tribunal of an official report of a decision of that Tribunal or of the reasons for that decision).
17TB Matters relating to the Aboriginal Land Councils Pecuniary Interest Tribunal
(1) There is a defence of absolute privilege for a publication to or by the Aboriginal Land Councils Pecuniary Interest Tribunal constituted under the Aboriginal Land Rights Act 1983 if the publication is made for the purpose of the execution or administration of that Act or if the publication is a publication by that Tribunal of an official report of a decision of that Tribunal or of the reasons of that Tribunal for a decision.(2) There is a defence of absolute privilege for a publication to or by the Department of Aboriginal Affairs or the Director-General of that Department if the publication is:(a) an official report of a decision of the Aboriginal Land Councils Pecuniary Interest Tribunal, or(b) a statement of a decision of that Tribunal or of the reasons of that Tribunal for a decision,provided or made public by the Tribunal under section 213 (3) of the Aboriginal Land Rights Act 1983.
17U Reports under the Mines Inspection Act 1901
There is a defence of absolute privilege:(a) for the publication of a report by an inspector, a mine safety officer, an investigator or a Board of Inquiry, under the Mines Inspection Act 1901, to or by the Minister administering that Act or the Director-General of the Department of Mineral Resources, or(b) for a publication by a Board of Inquiry in the course of a special inquiry under the Mines Inspection Act 1901.
There is a defence of absolute privilege for a publication in the course of an inquiry made under the authority of an Act or Imperial Act or under the authority of Her Majesty, of the Governor, or of either House or both Houses of Parliament.
Where a person is appointed under the authority of an Act or Imperial Act or under the authority of Her Majesty, of the Governor or of either House or both Houses of Parliament to hold an inquiry, there is a defence of absolute privilege for a publication by the person in an official report of the result of the inquiry.