Western Australian Current Acts

DEFAMATION ACT 2005

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Objects of Act
            
   4.      Terms used in this Act
            
   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 causes 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.     Repeal of existing legislation
            
   47.     The Criminal Code amended
            
   48.     Savings, transitional and other provisions
           SCHEDULE 1 -- Additional publications to which absolute privilege applies
           SCHEDULE 2 -- Additional kinds of public documents
           SCHEDULE 3 -- Additional proceedings of public concern
           SCHEDULE 4 -- Amendments to The Criminal Code  
           Compilation table