114BMeaning of related trust—ch 8A 89

114B Meaning of related trust—ch 8A 89 114BA Time when child abuse etc happens 90 114BB Definitions—pt 8A.1A 91 114BC Meaning of employee—pt 8A.1A 91 114BD Organisations that are responsible for child 92 114BE Organisations vicariously liable for child abuse perpetrated by employees 92 Part 8A.2 Institutional child abuse—proceedings against unincorporated bodies 114C Unincorporated bodies 93 114D Unincorporated body may nominate defendant 93 114E Court may appoint related trust as defendant 94 114F Proceedings may be commenced before nomination or appointment 96 114G Liability of trustee if nominated or appointed as defendant 96 114H Defendant may rely on defences and immunities etc 98 Part 8A.3 Institutional child abuse—setting aside abuse settlement agreements 114I Object—pt 8A.3 99 114J Definitions—pt 8A.3 99 114K Court may set aside abuse settlement agreement 100 114L Court may also set aside other things 101 114M Effect of setting aside abuse settlement agreement 102 115 Objects—ch 9 103 116 Definitions—ch 9 104 117 Ch 9 binds Crown 108

Page contents 8 Civil Law (Wrongs) Act 2002 Division 9.2.1 Defamation and the general law 118 Tort of defamation 109 119 Distinction between slander and libel abolished 109 120 Single cause of action for multiple defamatory imputations in same matter 109 121 Certain corporations do not have cause of action for defamation 110 122 No cause of action for defamation of, or against, deceased persons 111 122A Serious harm element of cause of action for defamation 111 122B Definitions—div 9.2.2A 113 122C Exemption for digital intermediaries providing caching, conduit or storage services 114 122D Exemption for search engine providers 115 122E Early determination of digital intermediary exemptions 116 123 Choice of law for defamation proceedings 117 124 Application—div 9.3.1 119 124A Concerns notices 119 124B Defamation proceedings cannot be commenced without concerns notice 121 125 Publisher may make offer to make amends 122 126 When offer to make amends may be made 122 127 Content of offer to make amends 123 128 Withdrawal of offer to make amends 125 129 Effect of acceptance of offer to make amends 126 130 Effect of failure to accept reasonable offer to make amends 126 131 Inadmissibility of evidence of certain statements and admissions 128 132 Effect of apology on liability for defamation 128

Page contents 9 133 Leave required for multiple proceedings in relation to publication of same defamatory matter 129 133A Orders for preliminary discovery about posters of digital matter 129 134 Scope of defences under general law and other law not limited 131 135 Defence of justification 131 136 Defence of contextual truth 131 137 Defence of absolute privilege 132 138 Defence for publication of public documents 133 139 Defences of fair report of proceedings of public concern 135 139AA Defence of publication of matter concerning issue of public interest 140 139A Defence of qualified privilege for provision of certain information 141 139AB Defence of scientific or academic peer review 143 139B Defences of honest opinion 144 139BA Defence for publications involving digital intermediaries 146 139C Defence of innocent dissemination 148 139E Damages to bear rational relationship to harm 150 139F Damages for non-economic loss limited 150 139G State of mind of defendant generally not relevant to awarding damages 151 139H Exemplary or punitive damages cannot be awarded 152 139I Factors in mitigation of damages 152 139J Damages for multiple causes of action may be assessed as single sum 152 139JA Orders against non-party digital intermediaries concerning defamatory digital matter 153 139K Costs in defamation proceedings 154 139L Proof of publication 156 139M Proof of convictions for offences 156