To the Honourable Jeff Shaw QC

Attorney General for New South Wales

Dear Attorney

Defamation

We make this final Report to the reference to this Commission dated 4 November 1992.

Hon Gordon J Samuels AC QC

(Chairman)

Professor Michael Chesterman

(Commissioner)

The Hon Jerrold S Cripps

(Commissioner)

The Hon Justice David Hunt

(Commissioner)

Professor Michael Tilbury

(Commissioner)

Professor David Weisbrot

(Commissioner)

September 1995

Terms of Reference

On 4 November 1992, the Attorney General, the Hon John P Hannaford MLC, required the Commission to inquire into and report on the law of defamation in New South Wales, with particular reference to:

(a) the relative roles of the judge and jury;

(b) standards, defences, onus and procedures;

(c) the determination of damages;

(d) non-monetary remedies, including court-ordered correction statements;

(e) alternative or additional techniques of dispute resolution;

(f) the need for provision of a separate tort of invasion of privacy;

(g) the need for the provision of "shield laws" to protect journalist's sources; and

(h) any related matters.

The Commission should provide drafting instructions for amendment of the Bill, and in doing so, taking into consideration such empirical data relating to defamation matters as may be available and to have particular regard to the proposals of the Standing Committee of Attorneys General for uniformity of defamation laws in Australia and the Discussion Paper and Report of the Legislative Committee on the Defamation Bill 1992.

Participants

The Law Reform Commission is constituted by the Law Reform Commission Act 1967. For the purpose of this reference, the Chairman, in accordance with the Act, established a Division comprising the following members of the Commission:

Professor Michael Chesterman

The Hon J S Cripps QC

The Hon R M Hope AC CMG QC (until 2 April 1993)

The Hon Justice David Hunt

The Hon G J Samuels AC QC* (from 3 April 1993)

Professor Michael Tilbury (from 15 August 1994)

Professor David Weisbrot

(* denotes Commissioner-in-Charge)

Officers of the Commission

Executive Director

Mr Peter Hennessy

Research and Writing

Ms Adrienne Bailey

Mr Ben Reichel

Mrs Sally Riordan

Librarian

Ms Beverley Caska

Desktop Publishing

Ms Julie Freeman

Administrative Assistance

Ms Zoya Howes

Ms Jean Dulieu