It’s vital for local government officers and elected members to be aware of what constitutes defamation to continue navigating their roles effectively. By understanding the essentials, they can engage confidently and avoid any missteps.
Below, we’ll explore the essentials of defamation for members of local government. Learn about the legal framework, how to identify and handle defamation, and the specific protections available through LGIS. We’ll provide vital information to prepare members on how to navigate this complex issue confidently and effectively.
LGIS continued with our new workers’ compensation act roadshow, this time educating the northern metro members on the significant legislative changes. Together with WorkCover WA and legal partners Moray & Agnew, we delivered another tailored information session on the new Workers Compensation and Injury Management Act (2023) WA.
Reporting incidents to WorkSafe, and WorkSafe notices – what are they and what should you do if you receive one? One of WorkSafe’s primary objectives is ensuring compliance with the Work Health and Safety Act 2020 (WA) (WHS Act) by carrying out investigations and, where appropriate, taking enforcement action.
Both MOUs and formal contracts are common instruments within the local government sector in Western Australia. However, it is important that members are familiar with significant and often subtle differences between MOUs and contracts as the risks associated with getting it wrong can be costly.
Defamation involves communication that harms someone’s reputation, exposing them to ridicule or contempt. Traditionally, classified as slander (spoken word) and libel (written word), however, the digital age has blurred these lines and legally, there’s no distinction between the two terms.
Under the Defamation Act 2005 (WA), Western Australia aligns with national efforts and favours non-litigious remedies to resolve such disputes, thereby preserving freedom of expression throughout Australia. Apologies, corrections, or retractions are often effective and can quickly resolve disputes. However, always seek legal advice before issuing an apology.
In this context, the ‘aggrieved’ is the person whose reputation is harmed, while the ‘publisher’ is the person who made the defamatory statement.
What’s a publication?
Forms of communication which may be defamatory include:
Social media and the rising risks of defamation
Today, the internet, particularly social media, offers a multitude of opportunities for potentially defamatory statements to be made leading to potential defamation claims.
In WA, individuals can be deemed publishers simply by sharing or linking defamatory content, increasing the need for caution and awareness. Furthermore, individuals and organisations can also be liable for third-party comments on their pages.
In WA, a defamation claim must be made within one year of publication. The WA Act applies to publications made within the state, but publications occurring in other jurisdictions may be subject to the laws of those jurisdictions.
Making a defamation claim
For a defamation claim to be valid, it must involve:
Several defences can protect publishers from defamation liability. These include:
The first step in defamation proceedings is issuing a ‘concerns notice’, which is a formal document that outlines the alleged defamatory statements made and requests amends. The publisher has 28 days to respond. Early notification to LGIS is crucial for adequate response time and effective management.
LGIS’ role in defamation claims is crucial. We brief our specialist law firms to handle these cases. Each case is unique, and we consider various issues, including available defences, before determining the best approach.
Local government councillors and officers have some defamation protections under Section 9.56 of the Act. This section provides immunity for actions taken in good faith within their roles. However, proving good faith is crucial, and a failed qualified privilege defence may undermine this protection.
Defamation cases are notoriously costly and complex, often requiring specialised legal expertise. LGIS is here to provide members with that protection and support for defamation. We adopt a ‘firm but fair’ approach to managing all claims, supported by legal advice. Remember, early notification of the claim, collaboration with LGIS, and following legal advice are key to managing defamation claims successfully and ensuring the best outcome.
For more information, read our Defamation Guide in the member only section of the LGIS website or have a chat with your account manager.
Welcome to the Winter edition of 2024! As we wrap up the financial year, we’d like to take this opportunity to thank you for your continued support. We’re pleased to share that we’ve had a complete renewal with an outstanding 100% retention of our membership.
1 July 2024 marked the adoption of the new Workers’ Compensation and Injury Management Act (WA) 2023, bringing with it an emphasis on workers and getting them back to work.
Over the past few months LGIS has adopted the triaging approach to injury management and it’s already paying dividends – delivering improved outcomes for the injured worker and saving money for the Scheme and members.
LGIS is the unifying name for the dedicated suite of risk financing and management services for WA local governments, established by the WA Local Government Association in conjunction with JLT Public Sector (part of the Marsh group of companies). LGIS is managed by JLT Public Sector (ABN 69 009 098 864 AFS Licence 226827).
Risk Matters, via this website, is designed to keep members, their staff and elected members informed on topical risk management and insurance issues and LGIS programs and services.
