Document ID: chunk:federal_register_of_legislation:C2025C00185:section:89
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 89
Character Range: 315867–316643

89  Meaning of qualified privilege
 (1) Where this Act provides that a person has qualified privilege in respect of an act, matter or thing, the person:
 (a) has qualified privilege in proceedings for defamation; or
 (b) is not, in the absence of malice on the person's part, liable to an action for defamation at the suit of a person;
as the case requires, in respect of that act, matter or thing.
 (2) In subsection (1):
malice includes ill will to the person concerned or any other improper motive.
 (3) Neither this section nor a provision of this Act that provides as mentioned in subsection (1) limits or affects any right, privilege or immunity that a person has, apart from this section or such a provision, as defendant in proceedings, or an action, for defamation.