(High Court of Australia) A defamation case arose out of the report by a police inspector to his superior about a fellow officer.
Held: The report was not the subject of absolute immunity: ‘How far absolute privilege extends in naval and military matters is by no means settled. To transfer it by analogy to the Police Officers who are parties to this action, so as to protect the defamatory statements declared upon involves a double extension of the decided cases. The truth is that an indefeasible immunity for defamation is given only where upon clear grounds of public policy a remedy must be denied to private injury because complete freedom from suit appears indispensable to the effective performance of judicial, legislative or official functions. The presumption is against such a privilege and its extension is not favoured (Royal Aquarium and Summer and Winter Garden Society Ltd v Parkinson). Its application should end where its necessity ceases to be evident.’
Judges:
Gavan Duffy CJ, Rich and Dixon JJ
Citations:
(1932) 47 CLR 520
Jurisdiction:
Australia
Citing:
Cited – Royal Aquarium and Summer and Winter Garden Society Ltd v Parkinson CA 1892
The court described the characteristics of a tribunal to which absolute privilege attaches. Having spoken of ‘an authorised inquiry which, though not before a court of justice, is before a tribunal which has similar attributes’ and similar . .
Cited by:
Cited – Heath v Commissioner of Police for the Metropolis CA 20-Jul-2004
The female civilian officer alleged sex discrimination against her by a police officer. Her complaint was heard at an internal disciplinary. She alleged sexual harrassment, and was further humiliated by the all male board’s treatment of her . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 13 May 2022; Ref: scu.199768
