Defamation (Medical Practitioners) Amendment Act 1987 (NSW)

DEFAMATION (MEDICAL PRACTITIONERS)

AMENDMENT ACT 1987 No. 128

NEW SOUTH WALES

TABLE OF PROVISIONS

1.       Short title

2.        Commencement

3.        Amendment of Act No. 18, 1974

SCHEDULE 1—AMENDMENTS TO THE DEFAMATION ACT 1974

DEFAMATION (MEDICAL PRACTITIONERS) AMENDMENT ACT

1987 No. 128

NEW SOUTH WALES

Act No. 128, 1987

An Act to amend the Defamation Act 1974 with respect to the protection	of the New South Wales Medical Board, Professional Standards Committees	and the Medical Tribunal and members of those bodies under the Medical
Practitioners Act 1938 and persons reporting certain matters under that Act. [Assented to 16 June 1987]

Defamation (Medical Practitioners) Amendment 1987

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "Defamation (Medical Practitioners)

Amendment Act 1987".

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

Amendment of Act No. 18, 1974

3. The Defamation Act 1974 is amended in the manner set forth in

Schedule 1.

SCHEDULE 1

(Sec. 3)

AMENDMENTS TO THE DEFAMATION ACT 1974

(1) Section 17FA—

After section 1 7F, insert:

Matters arising under the Medical Practitioners Act 1938

1 7I-A. (1) There is a defence of absolute privilege—

(a) for a publication to or by—

(i) the New South Wales Medical Board; (ii) a Professional Standards Committee; (iii) the Medical Tribunal; or

3   Act No. 128

Defamation (Medical Practitioners) Amendment 1987

SCHEDULE 1—continued

AMENDMENTS TO THE DEFAMATION ACT 1974—continued

(iv) a member of any of those bodies as such a member,

for the purpose of the assessment or referral of a complaint or the holding of any inquiry or any appeal under the Medical Practitioners Act 1938; and

(b) for a publication by a body or person referred to in paragraph (a) of a report of a decision or determination in respect of a complaint or an inquiry or appeal, and of the reasons for that decision or determination.

(2) In this section—

(a)	a reference to the New South Wales Medical Board includes a reference to a committee of the Board; and
(b)	a reference to a member of the Board includes a reference to a member of any such committee.

(2) (a) Schedule 2, clause 2 (14A)—

After clause 2 (14), insert:

(14A) without limiting the operation of any other subclause,

proceedings of—
(a) the New South Wales Medical Board;
(b) a Professional Standards Committee; or

(c) the Medical Tribunal,

under the Medical Practitioners Act 1938;

(b) Schedule 2, clause 3 (3A)—

After clause 3 (3), insert:

(3A) a document that consists of a report made by—

(a) the New South Wales Medical Board;
(b) a Professional Standards Committee; or

Defamation (Medical Practitioners) Amendment 1987

SCHEDULE 1—continued

AMENDMENTS TO THE DEFAMATION ACT 1974—continued

(c) the Medical Tribunal,

of its decision or determination in respect of a complaint or an inquiry or appeal, and of the reasons for that decision or determination, under the Medical Practitioners Act 1938;