New South Wales Consolidated Acts

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DEFAMATION ACT 2005 - SCHEDULE 2

SCHEDULE 2 – Additional kinds of public documents

(Section 28 (4) (g))

1 Documents arising under Health Practitioner Regulation National Law in relation to medical practitioners

Without limiting section 28 (4) (a)-(f), a document that consists of a report made by--

(a) the Medical Board of Australia, or
(b) the Medical Council of New South Wales, or
(c) a Professional Standards Committee, or
(d) the Civil and Administrative Tribunal,
of its decision or determination in respect of a complaint against a medical practitioner or an inquiry or appeal in respect of a medical practitioner, and of the reasons for that decision or determination, under the Health Practitioner Regulation National Law.

2 Documents arising under Legal Profession Uniform Law (NSW)

(cf Act No 18 1974, cl 3 (5) of Sch 2)
Without limiting section 28 (4) (a)-(f), a document that consists of a report made by--

(a) the Bar Council, or
(b) the Law Society Council, or
(c) the Legal Services Commissioner,
of the decision or determination of that body or person in respect of a complaint, and of the reasons for that decision or determination, under Chapter 5 of the Legal Profession Uniform Law (NSW) .

3 Documents relating to Personal Injury Commission

(1) Without limiting section 28(4)(a)-(f), a document that consists of--
(a) a report made by a member of the Personal Injury Commission of a decision or determination of the member in respect of proceedings under enabling legislation, or
(b) a report made by a merit reviewer, medical assessor or registrar of a decision or determination of the reviewer, assessor or registrar in respect of any proceedings under enabling legislation.
(2) Words and expressions used in this clause that are defined in the Personal Injury Commission Act 2020 have the same meanings as in that Act.

7 Documents relating to Special Commissions of Inquiry

Without limiting section 28 (4) (a)-(f), a document that consists of a report made to the Governor by a Commissioner under section 10 of the Special Commissions of Inquiry Act 1983 .

8 Documents produced to certain parliamentary committees conducted in private

Without limiting section 28 (4) (a)-(f), any of the following documents (or parts of documents)--

(a) a document (or part of a document) produced to the Committee on Children and Young People constituted under the Advocate for Children and Young People Act 2014 in proceedings conducted in private, but only if the document (or part of the document) has been disclosed or published in accordance with clause 7 of Schedule 2 to that Act,
(b) a document (or part of a document) produced to the Committee on the Health Care Complaints Commission appointed as referred to in section 64 of the Health Care Complaints Act 1993 in proceedings conducted in private, but only if the document (or part of the document) has been disclosed or published in accordance with section 72 of that Act,
(c) a document (or part of a document) produced to the Committee on the Independent Commission Against Corruption constituted under the Independent Commission Against Corruption Act 1988 in proceedings conducted in private, but only if the document (or part of the document) has been disclosed or published in accordance with section 70 of that Act,
(d) a document (or part of a document) produced to the Legislation Review Committee constituted under the Legislation Review Act 1987 in proceedings conducted in private, but only if the document (or part of the document) has been disclosed or published in accordance with section 12 of that Act,
(e) a document (or part of a document) produced to the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission constituted under the Ombudsman Act 1974 in proceedings conducted in private, but only if the document (or part of the document) has been disclosed or published in accordance with section 31H of that Act,
(f) a document (or part of a document) produced to the Public Accounts Committee constituted under Part 4 of the Government Sector Audit Act 1983 in proceedings conducted in private, but only if the document (or part of the document) has been disclosed or published in accordance with section 58 of that Act,
(g) a document (or part of a document) produced to the Committee on the Office of the Valuer-General constituted under Part 8 of the Valuation of Land Act 1916 in proceedings conducted in private, but only if the document (or part of the document) has been disclosed or published in accordance with section 92 of that Act.

9 Documents relating to Civil and Administrative Tribunal

Without limiting section 28 (4) (a)-(f), any document that consists of a decision (including reasons for a decision) made by the Civil and Administrative Tribunal.

10 Documents relating to certain abolished tribunals

Without limiting section 28 (4) (a)-(f), any document that consists of a decision (including reasons for a decision) made by an abolished tribunal (but only if such a document was included in this Schedule before the tribunal's abolition).



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