New South Wales Consolidated Acts

PARLIAMENTARY EVIDENCE ACT 1901 - SECT 12

12 Privilege of witness

(1) No action shall be maintainable against any witness who has given evidence, whether on oath or otherwise, under the authority of this Act, for or in respect of any defamatory words spoken by the witness while giving such evidence.

(2) This section operates in addition to, and not in derogation of, any defence available to any such witness under the Defamation Act 2005 for the publication of defamatory matter.

Note : For example, section 27 (2) (a) (iii) of the Defamation Act 2005 provides that the publication of defamatory matter while giving evidence before a parliamentary body attracts the defence of absolute privilege in defamation proceedings. Section 4 of that Act defines a
"parliamentary body" to include a parliament or legislature, a house of a parliament or legislature and committees of any such parliament, legislature or house.