{"id":"a-2008-48","name":"Protection of Public Participation Act 2008","slug":"protection-of-public-participation-act-2008","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"48 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24088,"registerId":"act-a-2008-48-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Protection of Public Participation Act 2008","content":"Australian Capital Territory\nProtection of Public Participation\nAct 2008\nA2008-48\nRepublication No 5\nEffective: 24 August 2016\nRepublication date: 24 August 2016\nLast amendment made by A2016-49\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Protection of Public Participation Act 2008 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n24 August 2016. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 24 August 2016.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for\nan individual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n24/08/16\nProtection of Public Participation Act 2008\nEffective: 24/08/16\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nProtection of Public Participation\nAct 2008\nContents\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Purpose of Act 2\n6 Meaning of improper purpose 3\n7 Meaning of public participation 3\n8 Application of Act 4\n9 Civil penalty 5\n10 Regulation-making power 5\n\nContents\nPage\ncontents 2 Protection of Public Participation Act 2008\nEffective: 24/08/16\nR5\n24/08/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 6\nEndnotes\n1 About the endnotes 7\n2 Abbreviation key 7\n3 Legislation history 8\n4 Amendment history 8\n5 Earlier republications 9\n\nR5\n24/08/16\nProtection of Public Participation Act 2008\nEffective: 24/08/16\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nProtection of Public Participation\nAct 2008\nAn Act about protection for participation in public debate and matters of public\ninterest\n\nSection 1\npage 2 Protection of Public Participation Act 2008\nEffective: 24/08/16\nR5\n24/08/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Protection of Public Participation Act 2008.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms\ndefined elsewhere in this Act.\nFor example, the signpost definition ‘improper purpose—see\nsection 6.’ means that the term ‘improper purpose’ is defined in that\nsection.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n5 Purpose of Act\nThe purpose of this Act is to protect public participation, and\ndiscourage certain civil proceedings that a reasonable person would\nconsider interfere with engagement in public participation.\n\nSection 6\nR5\n24/08/16\nProtection of Public Participation Act 2008\nEffective: 24/08/16\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Meaning of improper purpose\nFor this Act, a proceeding is started or maintained against a person\n(the defendant) for an improper purpose if a reasonable person\nwould consider that the main purpose for starting or maintaining the\nproceeding is—\n(a) to discourage the defendant (or anyone else) from engaging in\npublic participation; or\n(b) to divert the defendant's resources away from engagement in\npublic participation to the proceeding; or\n(c) to punish or disadvantage the defendant for engaging in public\nparticipation.\n7 Meaning of public participation\n(1) In this Act:\npublic participation means conduct that a reasonable person would\nconsider is intended (in whole or part) to influence public opinion,\nor promote or further action by the public, a corporation or\ngovernment entity in relation to an issue of public interest.\n(2) However, public participation does not include conduct—\n(a) that contravenes a court order or constitutes contempt of court;\nor\n(b) that constitutes unlawful vilification under the Discrimination\nAct 1991, section 67A; or\n(c) that constitutes an offence against the Criminal Code,\nsection 750 (Serious vilification); or\n(d) that causes, or is reasonably likely to cause, physical injury or\ndamage to property; or\n(e) that constitutes unlawful entry at residential premises; or\n\nSection 8\npage 4 Protection of Public Participation Act 2008\nEffective: 24/08/16\nR5\n24/08/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) that constitutes an offence punishable by imprisonment for\nlonger than 12 months; or\n(g) if—\n(i) the conduct is communication by a party to an industrial\ndispute between an employer and employee, former\nemployee, contractor or agent; and\n(ii) the communication relates to the subject matter of the\ndispute; or\n(h) that constitutes the advertising of goods or services for\ncommercial purposes; or\n(i) that incites others to engage in conduct mentioned in\nparagraphs (a), (b), (c), (d), (e) or (f).\n(3) Subsection (2) applies in relation to a person’s conduct whether or\nnot the person has been convicted or found guilty of an offence for\nthe conduct.\n8 Application of Act\n(1) This Act applies in relation to a civil proceeding in the Supreme\nCourt or Magistrates Court in which the plaintiff may claim\ndamages.\n(2) However, this Act does not apply in relation to any of the following:\n(a) a cause of action for defamation;\n(b) a proceeding prescribed by regulation.\n\nSection 9\nR5\n24/08/16\nProtection of Public Participation Act 2008\nEffective: 24/08/16\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Civil penalty\n(1) This section applies if—\n(a) a person (the plaintiff) starts or maintains a proceeding to\nwhich this Act applies against someone else (the defendant) in\nrelation to the defendant’s conduct; and\n(b) the court is satisfied that—\n(i) the defendant’s conduct is public participation; and\n(ii) the proceeding is started or maintained against the\ndefendant for an improper purpose.\n(2) The court may order the plaintiff to pay to the Territory a financial\npenalty of not more than the amount (if any) prescribed by\nregulation.\n(3) The financial penalty must be worked out in accordance with a\nregulation.\n(4) The court may make an order under subsection (2)—\n(a) on application by the Territory; or\n(b) on its own initiative.\nNote If a proceeding is for an improper purpose, the court’s power to award\ncosts of the proceeding includes power to order that the costs be\nassessed on an indemnity basis (see Court Procedures Rules 2006,\nr 1752).\n10 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative\nAssembly, under the Legislation Act.\n\nDictionary\npage 6 Protection of Public Participation Act 2008\nEffective: 24/08/16\nR5\n24/08/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n Magistrates Court\n must (see s 146)\n proceeding\n Supreme Court\n under.\nconduct includes communication.\ngovernment means the Territory, the Commonwealth, a State,\nanother Territory or a local government of a State.\ngovernment entity includes—\n(a) an instrumentality, officer or employee of the government; and\n(b) a contractor or anyone else who exercises a function on behalf\nof the government.\nimproper purpose—see section 6.\npublic participation—see section 7.\n\nEndnotes\nAbout the endnotes 1\nR5\n24/08/16\nProtection of Public Participation Act 2008\nEffective: 24/08/16\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 8 Protection of Public Participation Act 2008\nEffective: 24/08/16\nR5\n24/08/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nProtection of Public Participation Act 2008 A2008-48\nnotified LR 11 September 2008\ns 1, s 2 commenced 11 September 2008 (LA s 75 (1))\nremainder commenced 12 September 2008 (s 2)\nas amended by\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.44\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.44 commenced 12 December 2011 (s 2)\nDiscrimination Amendment Act 2016 A2016-49 sch 1 pt 1.4\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\nsch 1 pt 1.4 commenced 24 August 2016 (s 2 (1))\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nMeaning of public participation\ns 7 am A2016-49 amdt 1.21, amdt 1.22; pars renum R5 LA\nApplication of Act\ns 8 s (2) (c), (3) exp 12 September 2009 (s 8 (3))\nCivil penalty\ns 9 am A2011-52 amdt 3.165\nReview of Act\ns 11 exp 1 January 2014 (s 11 (3))\n\nEndnotes\nEarlier republications 5\nR5\n24/08/16\nProtection of Public Participation Act 2008\nEffective: 24/08/16\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n12 Sept 2008\n12 Sept 2008–\n12 Sept 2009\nnot amended new Act\nR2\n13 Sept 2009\n13 Sept 2009–\n11 Dec 2011\nnot amended commenced expiry\nR3\n12 Dec 2011\n12 Dec 2011–\n1 Jan 2014\nA2011-52 amendments by\nA2011-52\nR4\n2 Jan 2014\n2 Jan 2014–\n23 Aug 2016\nA2011-52 expiry of provision\n(s 11)\n© Australian Capital Territory 2016","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's scope has changed since enactment: the definition of \"public participation\" was amended (A2016-49), a prior application provision expired (s 8(3) expired 12 Sept 2009), and the civil penalty provisions were amended (A2011-52) so that penalty amount and calculation are determined by regulation. These amendments altered coverage and delegated key enforcement details to subordinate instruments."},"complexity_factors":["Statutory definitions require fact‑intensive judicial assessments (eg, what a \"reasonable person\" would consider \"improper purpose\" and \"public participation\").","Multiple substantive exclusions from \"public participation\" (criminal offences, serious vilification, unlawful entry, commercial advertising, industrial dispute communications, etc.).","Civil penalty quantum and method of calculation are delegated to regulations (rule‑making and administrative detail outside the Act).","Application limited to civil proceedings for damages in Supreme Court and Magistrates Court, with explicit exclusion of defamation and any proceedings prescribed by regulation.","Court may act on its own initiative to make penalty orders, creating discretionary enforcement pathways.","Amendments and expiries recorded in endnotes indicate prior changes to scope and operation, requiring attention to amendment history when applying the Act."],"plain_english_summary":"This Act protects people who take part in public debate by discouraging civil lawsuits started or continued mainly to punish, intimidate or divert someone from speaking on matters of public interest. Courts determine whether a proceeding is for an improper purpose and may order the plaintiff to pay a financial penalty to the Territory and adjust costs. The law applies to civil damages claims in ACT courts but excludes defamation and other prescribed proceedings; the penalty amount and calculation are set by regulation."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of deterring lawsuits brought to suppress public participation. The 2016 amendment updated a cross-reference to the Discrimination Act (changing section 67 to 67A) but did not expand the scope. The original review provision (section 11) expired in 2014 as intended, slightly narrowing the Act by removing the mandatory review requirement, but this does not represent scope creep."},"complexity_factors":["Short statute—only 10 sections plus dictionary and endnotes","Minimal cross-referencing—primarily internal references to sections 6 and 7","Straightforward conditional structure in section 9 (two-part test: public participation + improper purpose)","Single layer of exceptions in section 7(2) (9 specific exclusions from 'public participation' definition)","Only 6 defined terms in the dictionary, with 2 signpost definitions referring to substantive sections","No nested exceptions or complex temporal provisions","Simple application provision (section 8) with clear exclusions (defamation and regulations)","Penalty mechanism delegated to regulations, keeping primary legislation simple"],"plain_english_summary":"This anti‑SLAPP law protects people who speak on public issues (activists, journalists, community members) from being sued simply to silence or drain them. In civil cases in ACT courts it lets judges penalise and shift costs against plaintiffs who sue for an improper purpose—while excluding defamation claims, criminal conduct, industrial disputes and commercial advertising. It aims to curb strategic lawsuits that chill public participation and to rebalance access to justice."}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-public-participation-act-2008","history":"/api/acts/protection-of-public-participation-act-2008/history","analysis":"/api/acts/protection-of-public-participation-act-2008/analysis","conflicts":"/api/acts/protection-of-public-participation-act-2008/conflicts","importantCases":"/api/acts/protection-of-public-participation-act-2008/important-cases","documents":"/api/acts/protection-of-public-participation-act-2008/documents"}}