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Civil Law (Wrongs) Act 2002
137Defence of absolute privilege
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137 Defence of absolute privilege
proves that it was published on an occasion of absolute privilege.
(2) Without limiting subsection (1), matter is published on an occasion
of absolute privilege if—
(a) the matter is published in the course of the proceedings of a
parliamentary body, including (but not limited to)—
(i) the publication of a document by order, or under the
authority, of the body; and
(ii) the publication of the debates and proceedings of the body
by or under the authority of the body or any law; and
(iii) the publication of matter while giving evidence before the
body; and
(iv) the publication of matter while presenting or submitting a
document to the body; or
(b) the matter is published in the course of the proceedings of an
Australian court or Australian tribunal, including (but not
limited to)—
(i) the publication of matter in any document filed or lodged
with, or otherwise submitted to, the court or tribunal
(including any originating process); and
(ii) the publication of matter while giving evidence before the
court or tribunal; and
(iii) the publication of matter in any judgment, order or other
determination of the court or tribunal; or
(ba) the matter is published to a person who, at the time of the
publication, is an official of a police force or service of an
Australian jurisdiction and it is published to the official while
the official is acting in an official capacity; or
(c) the matter is published on an occasion that, if published in
another Australian jurisdiction, would be an occasion of
absolute privilege in that jurisdiction under a provision of a law
of the jurisdiction corresponding to this section; or
(d) the matter is published by a person or body in any circumstances
specified in schedule 1A.
official, of a police force or service of an Australian jurisdiction,
means—
(a) an officer, employee or member of staff of the police force or
service; or
(b) another person engaged to act for or on behalf of the police force
or service.