Report No. 9, 57th Parliament - Defamation (Model Provisions) and Other Legislation Amendment Bill 2021

Committee’s report

The committee tabled its Report No. 9, 57th Parliament - Defamation (Model Provisions) and Other Legislation Amendment Bill 2021 on 4 June 2021. The Bill was passed without amendment by the Queensland Parliament on 16 June 2021.

View: Report
View: Parliamentary debate on the Bill 
15 June 2021 - transcript pages 1795 - 1813
16 June 2021 - transcript pages 1851 - 1868
The debate can be viewed by clicking on the movie icon within the transcript.

About the Bill

On 20 April 2021, Hon Shannon Fentiman MP, Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence introduced the Defamation (Model Provisions) and Other Legislation Amendment Bill 2021 into the Queensland Parliament. The Bill was referred to the Legal Affairs and Safety Committee for detailed consideration.

View: Introductory speech
View: Bill
View: Explanatory Notes
View: Statement of Compatibility

OBJECTIVES OF THE BILL

Policy objectives and the reasons for them:

In November 2004, the Attorneys-General of the States and Territories agreed to support the enactment in their respective jurisdictions of uniform model provisions in relation to the law of defamation called the Model Defamation Provisions (MDPs). The MDPs were subsequently enacted. In Queensland, the MDPs were enacted in the Defamation Act 2005 (Defamation Act).

Each State and Territory is a party to the Model Defamation Provisions Intergovernmental Agreement. The Agreement establishes the Model Defamation Law Working Party (DWP). The functions of the DWP include reporting to the Council of Attorneys-General (Council) on proposals to amend the MDPs.

In 2018, the Council reconvened the DWP to review the MDPs. The review, led by New South Wales, was conducted in 2019 and 2020.

The DWP recommended to the Council that certain amendments prepared by the Australasian Parliamentary Counsel’s Committee be made to the MDPs. The Council agreed in July 2020 to support the enactment of the Model Defamation Amendment Provisions 2020 (MDAPs) by each State and Territory.

The principal object of this Bill is to amend the Defamation Act and the Limitation of Actions Act 1974 to implement the MDAPs.

It also proposes to repeal sections 10 and 11 of the Heavy Vehicle National Law and Other Legislation Amendment Act 2019 as the issues addressed through these provisions will instead be resolved as part of the Heavy Vehicle National Law Review.

Further information

Further information including written briefings from the department, the response to submissions, transcripts from proceedings and answers to questions taken on notice are under the Related Publications tab.

Timeline

Submissions closed:11 May 2021 - see ‘View submissions’ tab
Public briefing:10 May 2021 - broadcast - transcript
Report tabled:4 June 2021 - Report
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Related Publications

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