Defamation Bill 2005
|Long Title||The object of this Bill is to enact the model provisions agreed to by the Attorneys General of the States and Territories. The principle features of the model provisions are -|
the retention (with some modifications) of the common law of defamation to determine civil liability for defamation; the abolition of the distinction at common law between slander and libel; the creation of a statutory cap on the amount of damages for non-economic loss that may be awarded in civil proceedings for defamation; the enactment of provisions to facilitate the resolution of civil disputes about the publication of defamatory matter without litigation; the delineation of the respective roles of juries and judicial officers in the jury trial of civil proceedings for defamation by limiting the role of juries to the determination of whether a person has been defamed and leaving the award of damages to judicial officers; the abolition of exemplary and punitive damages in civil proceedings for defamation; the establishment of truth alone as a defence to a civil action for defamation; the imposition of a limitation period for civil actions for defamation of 1 year, subject to an extension (in limited circumstances) to a period of up to 3 years following publication; and
the enactment of provisions dealing with criminal defamation.
|Status||Assented to 12/19/2005|
Royal Assent given 19 Dec 2005 as Act No. 44 of 2005. For details refer to the Commencement Clause of the Bill (see also Assent and Commencement information for Acts)
|Previous Versions of this Bill|