New South Wales Consolidated Acts

DEFAMATION ACT 2005 - SECT 15

15 Content of offer to make amends

(1) An offer to make amends--

(a) must be in writing, and

(b) must be readily identifiable as an offer to make amends under this Division, and

(b1) must provide for the offer to be open for acceptance for at least 28 days commencing on the day the offer is made, and

(c) if the offer is limited to any particular defamatory imputations--must state that the offer is so limited and particularise the imputations to which the offer is limited, and

(d) must include an offer to publish, or join in publishing, a reasonable correction of, or a clarification of or additional information about, the matter in question or, if the offer is limited to any particular defamatory imputations, the imputations to which the offer is limited, and

(e) if material containing the matter has been given to someone else by the publisher or with the publisher's knowledge--must include an offer to take, or join in taking, reasonable steps to tell the other person that the matter is or may be defamatory of the aggrieved person, and

(f) must include an offer to pay the expenses reasonably incurred by the aggrieved person before the offer was made and the expenses reasonably incurred by the aggrieved person in considering the offer.

(1A) In addition to the matters referred to in subsection (1), an offer to make amends may include any other kind of offer, or particulars of any other action taken by the publisher, to redress the harm sustained by the aggrieved person because of the matter in question, including (but not limited to)--

(a) an offer to publish, or join in publishing, an apology in relation to the matter in question or, if the offer is limited to any particular defamatory imputations, the imputations to which the offer is limited, or

(b) if the matter is digital matter--an offer to take access prevention steps in relation to the matter, or

(c) an offer to pay compensation for any economic or non-economic loss of the aggrieved person, or

(d) the particulars of any correction or apology made, or action taken, before the date of the offer.

(1B) If the matter in question is digital matter, an offer to take access prevention steps may be made instead of, or in addition to, either or both of the offers mentioned in subsection (1)(d) and (e).

(2) Without limiting subsection (1A)(c), an offer to pay compensation may comprise or include any one or more of the following--

(a) an offer to pay a stated amount,

(b) an offer to pay an amount to be agreed between the publisher and the aggrieved person,

(c) an offer to pay an amount determined by an arbitrator appointed, or agreed on, by the publisher and the aggrieved person,

(d) an offer to pay an amount determined by a court.

(3) If an offer to make amends is accepted, a court may, on the application of the aggrieved person or publisher, determine--

(a) if the offer provides for a court to determine the amount of compensation payable under the offer--the amount of compensation to be paid under the offer, and

(b) any other question that arises about what must be done to carry out the terms of the offer.

(4) The powers conferred on a court by subsection (3) are exercisable--

(a) if the aggrieved person has brought proceedings against the publisher in any court for defamation in relation to the matter in question, by that court in those proceedings, and

(b) except as provided in paragraph (a), by the Supreme Court.