PART 8GENERAL
CHAPTER 2DEFAMATION
140Absolute privilege
1
For the purposes of the law of defamation, the following are absolutely privileged—
a
the publication of a matter by the Commissioner in the exercise of any of his or her functions;
b
the publication of a matter by a member of the Advisory Panel in the exercise of any of his or her functions;
c
the publication of a matter by a person in compliance with a requirement in a decision notice;
d
the publication, in a communication between—
i
the Commissioner, and
ii
a protected person,
of a matter in connection with an inquiry or investigation;
e
the publication, in a communication between—
i
the complainant or a person acting on behalf of the complainant, and
ii
a representative,
of a matter in connection with an investigation under Part 5 or Part 6.
2
In this section a reference to the Commissioner includes the following persons—
a
the members of the Commissioner’s staff;
b
any person acting on the Commissioner’s behalf or assisting in the exercise of the Commissioner’s functions.