Review of Model Defamation Provisions

The Defamation Working Party, established by the Council of Attorneys-General, is undertaking a review of defamation law in Australia to identify areas for national reform.

The Model Defamation Provisions were endorsed in 2005 and each state and territory enacted legislation to implement the provisions. While responsibility for defamation law falls to individual states and territories, a national approach to reform is essential.

Led by the NSW Department of Communities and Justice, the Defamation Working Party is inviting public feedback on draft amendments to the Model Defamation Provisions [PDF, 234kb]. An unofficial consolidation [PDF, 441kb] has been prepared to assist review, which tracks the draft amendments to the existing Model Defamation Provisions.

The accompanying Background Paper [PDF, 455kb] explains the policy rationale for the proposed amendments and confirms the position of the Council of Attorneys-General on each question raised in the Discussion Paper which was released in February 2019 (linked below). 

Your feedback on the draft Model Defamation Amendment Provisions will inform the review and help to improve and modernise nationally consistent defamation law.

Submissions invited

Comments and submissions should be made in writing to:

Review of Model Defamation Provisions
c/o Policy, Reform and Legislation
NSW Department of Communities and Justice
GPO Box 31
Sydney NSW 2001

or by sending an email to defamationreview@justice.nsw.gov.au.

Submissions close on Friday, 24 January 2020.

Please note that all submissions and comments will be treated as public, and may be published, unless you indicate that it is to be treated as confidential.

Submissions to previous Discussion Paper

The Review of Model Defamation Provisions Discussion Paper [PDF, 700kb] includes specific questions about the Model Defamation Provisions for your consideration; however, you are invited to comment on any other matters related to the provisions.

The Model Defamation Provisions are available on the Australasian Parliamentary Counsel's Committee website at www.pcc.gov.au.

Submissions invited

Comments and submissions should be made in writing to:

Review of Model Defamation Provisions
C/o Justice Strategy and Policy Division
NSW Department of Justice
GPO Box 31
Sydney NSW 2001

or by sending an email to policy@justice.nsw.gov.au.

Submissions close on Tuesday, 30 April 2019.

Submissions to previous Discussion Paper

The Review of Model Defamation Provisions Discussion Paper [PDF, 700kb] was publicly released for comment in February 2019. Submissions closed on 30 April 2019. 

Copies of the public submissions which were made in response to the Discussion Paper are linked below. 

Supplementary submissions