Bullying, Harassment, Victimisation and Discrimination in the Australian Public Service (APS)
  • Home
  • The Reality
  • Real Stories
  • Laws & Policies
    • Public Service Act
    • APS Policies
    • Human Rights Laws
    • Workplace Laws
    • Tort & Contract Law
    • Defamation Law
    • Privacy Law
    • Freedom of Information Law
    • Administrative Law
    • Legal Services Directions
  • Reform Issues
  • News & Blogs
  • About Us & Feedback
  • Disclaimer

Defamation Law

      Defamation occurs when one person communicates, by words, photographs, video, illustrations or other means, material which has the effect or tendency of damaging the reputation of another by:
  • exposing that person to ridicule;
  • lowering that person's reputation in the eyes of members of the community;
  • causing people to shun or avoid that person; or
  • injuring that person's professional reputation.

      Defamation can occur directly or by imputation. In 2005, almost uniform defamation law was created in each state and territory under the Defamation Acts 2005. 

There are a number of defences to a defamation action, including: 
  • justification; 
  • contextual truth; 
  • absolute privilege; 
  • honest opinion; 
  • qualified privilege; 
  • publication of public documents; 
  • fair report; 
  • implied freedom of political communication; 
  • innocent dissemination; 
  • triviality; and
  • consent.

Some of these defences will not stand if the defamatory material was published with malicious intent. 

      If you have been bullied, harassed, victimised or discriminated against through defamation, then, depending on the circumstances, you may be able to commence a defamation action against your APS agency and also personally against your perpetrators. Usually it is better to couple a defamation action with other legal actions.  
Create a free website
Powered by

Start your own free website

A surprisingly easy drag & drop site creator. Learn more.