Page 2803 - Week 10 - Wednesday, 14 August 1991
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privacy law which provides for a complete tort of privacy, an action that would be similar to but separate from a defamation action. At present the eastern States proposal provides protection for publication of private facts only where a person is also defamed. It is interesting, in the context of media speculation on the practice of outing, that, whereas defamation or discrimination law may not provide protection privacy, a tort of privacy may.
Recently I had pleasure in providing an advance copy of the committee's paper on privacy to the Standing Committee of Attorneys-General. I believe that we will get some fairly positive feedback from the other States and Territories once they have had a chance to consider our committee's proposal for reform in this area.
The committee is also examining closely a reform of the procedural law. It is procedural difficulties which often cause lengthy delays and high costs in defamation proceedings in our courts. The committee has held a public seminar on procedural reform and it has received favourable comment on its proposals. The committee will be issuing a discussion paper on procedural reform in the near future, which will be circulated to all jurisdictions for comment.
Following discussions with the Attorneys-General of the eastern States and our Community Law Reform Committee, I think the time is right for the ACT to move closer to the eastern States exercise, and I have signalled our intention to do this rather than go it alone and develop a separate proposal for defamation law in the ACT. I was pleased to note in the Standing Committee on Legal Affairs inquiry into defamation law that the majority report, under Mr Stefaniak's chairmanship with Mrs Nolan, basically indicated agreement with the uniform proposals and that uniformity is a desirable course of action.
I will advise members of the details of the eastern States proposals after the next round of discussions. I hasten to add that the Community Law Reform Committee will continue to be actively involved in the reform of defamation law, in the area of procedural reform, and the development of the new tort of privacy. To this end I have revised the committee's terms of reference. I table the following papers for the information of members:
Defamation law reform -
Community Law Reform Committee - Terms of reference, 14 August 1991.
Ministerial statement, 14 August 1991.
I move:
That the Assembly takes note of the papers.
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