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.