Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
DEFAMATION ACT 2005 - SECT 15
Content of offer to make amends
15 Content of offer to make amends
(1) An offer to make amends— (a) must be in writing; and
(b) must be
readily identifiable as an offer to make amends under this division; and
(c)
if the offer is limited to any particular defamatory imputations—must state
that the offer is so limited and particularise the imputations to which the
offer is limited; and
(d) must include an offer to publish, or join in
publishing, a reasonable correction of the matter in question or, if the offer
is limited to any particular defamatory imputations, the imputations to which
the offer is limited; and
(e) if material containing the matter has been
given to someone else by the publisher or with the publisher’s
knowledge—must include an offer to take, or join in taking, reasonable steps
to tell the other person that the matter is or may be defamatory of the
aggrieved person; and
(f) must include an offer to pay the expenses
reasonably incurred by the aggrieved person before the offer was made and the
expenses reasonably incurred by the aggrieved person in considering the offer;
and
(g) may include any other kind of offer, or particulars of any other
action taken by the publisher, to redress the harm sustained by the aggrieved
person because of the matter in question, including (but not limited to)—
(i) an offer to publish, or join in publishing, an apology in relation to the
matter in question or, if the offer is limited to any particular defamatory
imputations, the imputations to which the offer is limited; or
(ii) an offer
to pay compensation for any economic or non-economic loss of the aggrieved
person; or
(iii) the particulars of any correction or apology made, or action
taken, before the date of the offer.
(2) Without limiting subsection (1) (g)
(ii) , an offer to pay compensation may comprise or include any 1 or more of
the following— (a) an offer to pay a stated amount;
(b) an offer to pay an
amount to be agreed between the publisher and the aggrieved person;
(c) an
offer to pay an amount determined by an arbitrator appointed, or agreed on, by
the publisher and the aggrieved person;
(d) an offer to pay an amount
determined by a court.
(3) If an offer to make amends is accepted, a court
may, on the application of the aggrieved person or publisher, determine— (a)
if the offer provides for a court to determine the amount of compensation
payable under the offer—the amount of compensation to be paid under the
offer; and
(b) any other question that arises about what must be done to
carry out the terms of the offer.
(4) The powers conferred on a court by
subsection (3) are exercisable— (a) if the aggrieved person has brought
proceedings against the publisher in any court for defamation in relation to
the matter in question, by that court in those proceedings; and
(b) except as
provided in paragraph (a), by the Supreme Court.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback