LAW 1507 Lecture Notes - Australian Statistician, Indictable Offence, Primary And Secondary Legislation
30 Jun 2018
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Version: 1.9.2013
Published under the Legislation Revision and Publication Act 2002 1
South Australia
Defamation Act 2005
An Act to modify the general law relating to the tort of defamation and for other purposes.
Contents
Part 1—Preliminary
1 Short title
3 Objects of Act
4 Interpretation
5 Act binds Crown
Part 2—General principles
Division 1—Defamation and the general law
6 Tort of defamation
7 Distinction between slander and libel abolished
Division 2—Causes of action for defamation
8 Single cause of action for multiple defamatory imputations in same matter
9 Certain corporations do not have cause of action for defamation
10 No cause of action for defamation of, or against, deceased persons
Division 3—Choice of law
11 Choice of law for defamation proceedings
Part 3—Resolution of civil disputes without litigation
Division 1—Offers to make amends
12 Application of Division
13 Publisher may make offer to make amends
14 When offer to make amends may be made
15 Content of offer to make amends
16 Withdrawal of offer to make amends
17 Effect of acceptance of offer to make amends
18 Effect of failure to accept reasonable offer to make amends
19 Inadmissibility of evidence of certain statements and admissions
Division 2—Apologies
20 Effect of apology on liability for defamation
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Defamation Act 2005—1.9.2013
Contents
2 Published under the Legislation Revision and Publication Act 2002
Part 4—Litigation of civil disputes
Division 1—General
21 Permission required for further proceedings in relation to publication of same defamatory
matter
Division 2—Defences
22 Scope of defences under general law and other law not limited
23 Defence of justification
24 Defence of contextual truth
25 Defence of absolute privilege
26 Defence for publication of public documents
27 Defences of fair report of proceedings of public concern
28 Defence of qualified privilege for provision of certain information
29 Defences of honest opinion
30 Defence of innocent dissemination
31 Defence of triviality
Division 3—Remedies
32 Damages to bear rational relationship to harm
33 Damages for non-economic loss limited
34 State of mind of defendant generally not relevant to awarding damages
35 Exemplary or punitive damages cannot be awarded
36 Factors in mitigation of damages
37 Damages for multiple causes of action may be assessed as single sum
Division 4—Costs
38 Costs in defamation proceedings
Part 5—Miscellaneous
39 Proceedings for an offence do not bar civil proceedings
40 Proof of publication
41 Giving of notices and other documents
42 Regulations
Schedule A1—Additional publications to which absolute privilege applies
1 Matters arising out of proceedings of Parole Board
Schedule 1—Transitional provisions
Part 6—Transitional provisions
7 Savings, transitional and other provisions relating to this Act
8 Application of amendments to Limitation of Actions Act 1936
Legislative history
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1.9.2013—Defamation Act 2005
Preliminary—Part 1
Published under the Legislation Revision and Publication Act 2002 3
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Defamation Act 2005.
3—Objects of Act
The objects of this Act are—
(a) to enact provisions to promote uniform laws of defamation in Australia; and
(b) to ensure that the law of defamation does not place unreasonable limits on
freedom of expression and, in particular, on the publication and discussion of
matters of public interest and importance; and
(c) to provide effective and fair remedies for persons whose reputations are
harmed by the publication of defamatory matter; and
(d) to promote speedy and non-litigious methods of resolving disputes about the
publication of defamatory matter.
4—Interpretation
In this Act—
Australian court means any court established by or under a law of an Australian
jurisdiction (including a court conducting committal proceedings for an indictable
offence);
Australian jurisdiction means—
(a) a State; or
(b) a Territory; or
(c) the Commonwealth;
Australian tribunal means any tribunal (other than a court) established by or under a
law of an Australian jurisdiction that has the power to take evidence from witnesses
before it on oath or affirmation (including a Royal Commission or other special
commission of inquiry and the Independent Commissioner Against Corruption, the
Deputy Commissioner or an examiner conducting an examination under the
Independent Commissioner Against Corruption Act 2012);
country includes—
(a) a federation and a state, territory, province or other part of a federation; and
(b) an Australian jurisdiction;
document means any record of information, and includes—
(a) anything on which there is writing; and
(b) anything on which there are marks, figures, symbols or perforations having a
meaning for persons qualified to interpret them; and
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Document Summary
An act to modify the general law relating to the tort of defamation and for other purposes. Single cause of action for multiple defamatory imputations in same matter. Certain corporations do not have cause of action for defamation. No cause of action for defamation of, or against, deceased persons. When offer to make amends may be made. Effect of acceptance of offer to make amends. Effect of failure to accept reasonable offer to make amends. Inadmissibility of evidence of certain statements and admissions. Permission required for further proceedings in relation to publication of same defamatory matter. Scope of defences under general law and other law not limited. Defences of fair report of proceedings of public concern. Defence of qualified privilege for provision of certain information. State of mind of defendant generally not relevant to awarding damages. Damages for multiple causes of action may be assessed as single sum. Proceedings for an offence do not bar civil proceedings.
