Document ID: chunk:federal_register_of_legislation:F2024C01292:reg:86
Version: federal_register_of_legislation:F2024C01292
Segment Type: reg
Provision Reference: reg 86
Character Range: 159052–160767

86  Immunity from defamation
 (1) The Inspector‑General, and any officer acting at the direction or with the authority of the Inspector‑General, have immunity from actions for defamation arising out of publication of material in the Index or publication of extracts of material from the Index.
 (2) An officer has immunity from actions for defamation arising out of publication of material in the Index or publication of extracts of material from the Index, if the publication was done:
 (a) by the officer acting in the course of the officer's duty; and
 (b) in good faith.
 (3) A person who provides material for entry in the Index has immunity from actions for defamation arising out of publication of the material by way of:
 (a) providing it for such inclusion; or
 (b) publication of the material in the Index; or
 (c) publication of extracts of the material from the Index;
if the publication was done:
 (d) in the performance of a function or duty under this instrument or any other law of the Commonwealth; and
 (e) in good faith.
 (4) Subsections (2) and (3) do not limit subsection (1).
 (5) The immunity of the Inspector‑General or another officer under this section arising out of publication of material extends to the Commonwealth and the Official Trustee to the extent that the Commonwealth or the Official Trustee would, apart from this subsection, be liable in respect of the publication.
 (6) This section does not limit any other ground of defence in relation to actions for defamation arising out of publication of material in the Index or publication of extracts of material from the Index.

Part 14—Offences under the Act

Division 1—Arrest of person failing to attend before the Court etc.