Victorian Numbered Acts

DEFAMATION ACT 2005 (NO 75 OF 2005)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Objects of Act  
   4.      Definitions  
   5.      Act to bind Crown  

   PART 2--GENERAL PRINCIPLES

           Division 1--Defamation and the General Law

   6.      Tort of defamation  
   7.      Distinction between slander and libel abolished  

           Division 2--Causes of Action for Defamation

   8.      Single cause of action for multiple defamatory imputations in same matter  
   9.      Certain corporations do not have cause of action for defamation  
   10.     No cause of action for defamation of, or against, deceased persons  

           Division 3--Choice of Law

   11.     Choice of law for defamation proceedings  

   PART 3--RESOLUTION OF CIVIL DISPUTES WITHOUT LITIGATION

           Division 1--Offers to Make Amends

   12.     Application of Division  
   13.     Publisher may make offer to make amends  
   14.     When offer to make amends may be made  
   15.     Content of offer to make amends  
   16.     Withdrawal of offer to make amends  
   17.     Effect of acceptance of offer to make amends  
   18.     Effect of failure to accept reasonable offer to make amends  
   19.     Inadmissibility of evidence of certain statements and admissions  

           Division 2--Apologies

   20.     Effect of apology on liability for defamation  

   PART 4--LITIGATION OF CIVIL DISPUTES

           Division 1--General

   21.     Election for defamation proceedings to be tried by jury  
   22.     Roles of judicial officers and juries in defamation proceedings  
   23.     Leave required for further proceedings in relation to publication of same defamatory matter  

           Division 2--Defences

   24.     Scope of defences under general law and other law not limited  
   25.     Defence of justification  
   26.     Defence of contextual truth  
   27.     Defence of absolute privilege  
   28.     Defence for publication of public documents  
   29.     Defences of fair report of proceedings of public concern  
   30.     Defence of qualified privilege for provision of certain information  
   31.     Defences of honest opinion  
   32.     Defence of innocent dissemination  
   33.     Defence of triviality  

           Division 3--Remedies

   34.     Damages to bear rational relationship to harm  
   35.     Damages for non-economic loss limited  
   36.     State of mind of defendant generally not relevant to awarding damages  
   37.     Exemplary or punitive damages cannot be awarded  
   38.     Factors in mitigation of damages  
   39.     Damages for multiple causes of action may be assessed as single sum  

           Division 4--Costs

   40.     Costs in defamation proceedings  

   PART 5--MISCELLANEOUS

   41.     Proof of publication  
   42.     Proof of convictions for offences  
   43.     Incriminating answers, documents or things  
   44.     Giving of notices and other documents  
   45.     Regulations  
   46.      Savings, transitional and other provisions  
   47.     Amendment of Limitation of Actions Act 1958  
   48.     New Division 2A inserted in Part II of Limitation of Actions Act 1958  
   49.     Amendment of other Acts  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES