New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 146

146 Application of Defamation Act 2005 to proceedings of Tribunal

(cf 1990 Act, s 260)
Section 27 of the Defamation Act 2005 makes provision for a defence of absolute privilege in respect of publications of defamatory matter in the course of proceedings of the Tribunal.

Note : Section 27 (2) (b) of the Defamation Act 2005 provides that the defence of absolute privilege is available in respect of defamatory matter that is published in the course of proceedings of an Australian court or Australian tribunal, including (but not limited to) the following--

(a) the publication of matter in any document filed or lodged with, or otherwise submitted to, the court or tribunal (including any originating process),

(b) the publication of matter while giving evidence before the court or tribunal,

(c) the publication of matter in any judgment, order or other determination of the court or tribunal.

The term
"Australian tribunal" is defined in section 4 of that Act to mean any tribunal (other than a court) established by or under a law of an Australian jurisdiction that has the power to take evidence from witnesses before it on oath or affirmation (including a Royal Commission or other special commission of inquiry).
The Mental Health Review Tribunal is an Australian tribunal for the purposes of the Defamation Act 2005 because it is a tribunal that has the power under section 151 (5) of this Act to take evidence from witnesses under oath.