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CIVIL LAW (WRONGS) ACT 2002 - SCHEDULE 1A

Schedule 1A     Additional publications to which absolute privilege applies

(see s 137 (2) (d))

1A.1     Definitions—sch 1A

In this schedule:

"matter"—see section 116.

"official", of an entity mentioned in this schedule, means—

        (a)     an officer, employee or member of staff of the entity; or

        (b)     a person who is authorised to exercise a function of the entity under a territory law; or

        (c)     another person engaged to act for or on behalf of the entity.

1A.2     Matter published to bar association etc

    (1)     Without limiting section 137 (2) (a) to (c), matter that is published—

        (a)     to any of the following:

              (i)     the bar association;

              (ii)     the bar council;

              (iii)     a person in their capacity as—

    (A)     a member of the bar council; or

    (B)     a member of staff of the bar association; or

    (C)     any other official of the bar association; and

        (b)     for any of the following purposes:

              (i)     making a complaint under the Legal Profession Act 2006

(whether or not the complaint may be dealt with under that Act);

              (ii)     an investigation of the complaint under that Act;

              (iii)     anything else that may be done under that Act in relation to the complaint.

    (2)     In this section:

"bar association"—see the Legal Profession Act 2006

, dictionary.

"bar council"—see the Legal Profession Act 2006

, dictionary.

1A.3     Matter published to human rights commission etc

Without limiting section 137 (2) (a) to (c), matter that is published to—

        (a)     the human rights commission; or

        (b)     a person in their capacity as—

              (i)     a member of the human rights commission; or

              (ii)     a member of staff of the human rights commission; or

              (iii)     any other official of the human rights commission.

1A.4     Matter published to integrity commission etc

    (1)     Without limiting section 137 (2) (a) to (c), matter that is published to—

        (a)     the integrity commission; or

        (b)     a person in their capacity as—

              (i)     the integrity commissioner; or

              (ii)     a member of staff of the integrity commission; or

              (iii)     any other official of the integrity commission; or

              (iv)     the inspector of the integrity commission; or

              (v)     a member of staff of the inspector of the integrity commission; or

              (vi)     any other official of the inspector of the integrity commission.

    (2)     In this section:

"inspector of the integrity commission" means the inspector of the integrity commission under the Integrity Commission Act 2018

.

"staff", of the inspector of the integrity commission—see the Integrity Commission Act 2018

, section 248, definition of staff of the inspector .

"staff", of the integrity commission—see the Integrity Commission Act 2018

, section 47, definition of staff of the commission .

1A.5     Matter published to inspector of correctional services

    (1)     Without limiting section 137 (2) (a) to (c), matter that is published to a person in their capacity as—

        (a)     the inspector of correctional services; or

        (b)     a member of staff of the inspector of correctional services; or

        (c)     any other official of the inspector of correctional services.

    (2)     In this section:

"inspector of correctional services" means the inspector of correctional services under the Inspector of Correctional Services Act 2017

.

"staff", of the inspector of correctional services, means the staff employed by the inspector under the Inspector of Correctional Services Act 2017

, section 13.

1A.6     Matter published to law society etc

    (1)     Without limiting section 137 (2) (a) to (c), matter that is published—

        (a)     to any of the following:

              (i)     the law society;

              (ii)     the law society council;

              (iii)     a person in their capacity as—

    (A)     a member of the law society council; or

    (B)     a member of staff of the law society; or

    (C)     any other official of the law society; and

        (b)     for any of the following purposes:

              (i)     making a complaint under the Legal Profession Act 2006

(whether or not the complaint may be dealt with under that Act);

              (ii)     an investigation of the complaint under that Act;

              (iii)     anything else that may be done under that Act in relation to the complaint.

    (2)     In this section:

"law society"—see the Legal Profession Act 2006

, dictionary.

"law society council"—see the Legal Profession Act 2006

, dictionary.

1A.7     Matter published to office of the work health and safety commissioner etc

    (1)     Without limiting section 137 (2) (a) to (c), matter that is published to—

        (a)     the Office of the Work Health and Safety Commissioner; or

        (b)     a person in their capacity as—

              (i)     the work health and safety commissioner; or

              (ii)     a member of staff of the Office of the Work Health and Safety Commissioner; or

              (iii)     any other official of the Office of the Work Health and Safety Commissioner.

    (2)     In this section:

"staff", of the Office of the Work Health and Safety Commissioner—see the Work Health and Safety Act 2011

, schedule 2, section 2.30, definition of staff of the office .

"Office of the Work Health and Safety Commissioner" means the Office of the Work Health and Safety Commissioner established under the Work Health and Safety Act 2011

, schedule 2, section 2.18.

1A.8     Matter published to official visitor etc

    (1)     Without limiting section 137 (2) (a) to (c), matter that is published to—

        (a)     the official visitors board; or

        (b)     a person in their capacity as—

              (i)     an official visitor; or

              (ii)     a member of the official visitors board; or

              (iii)     the official visitors executive officer; or

              (iv)     any other official of the official visitors board.

    (2)     In this section:

"official visitors board" means the official visitors board established under the Official Visitor Act 2012

, section 23A.

"official visitors executive officer"—see the Official Visitor Act 2012

, section 23C (2).

1A.9     Matter published to public trustee and guardian etc

    (1)     Without limiting section 137 (2) (a) to (c), matter that is published to a person in their capacity as—

        (a)     the public trustee and guardian; or

        (b)     a deputy public trustee and guardian; or

        (c)     a member of staff of the public trustee and guardian; or

        (d)     any other official of the public trustee and guardian.

    (2)     In this section:

"deputy public trustee and guardian" means a deputy public trustee and guardian under the Public Trustee and Guardian Act 1985

, section 6.

1A.10     Matter published to sentence administration board etc

    (1)     Without limiting section 137 (2) (a) to (c), matter that is published to—

        (a)     the sentence administration board; or

        (b)     a person in their capacity as—

              (i)     a member of the sentence administration board; or

              (ii)     the secretary of the sentence administration board; or

              (iii)     any other official of the sentence administration board.

    (2)     In this section:

"secretary", of the sentence administration board, means the secretary of the board under the Crimes (Sentence Administration) Act 2005

, section 191.



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