Are expert reviewers providing reports for the Commission and being expert witnesses in disciplinary proceedings protected from defamation claims?
The NSW Defamation Act 2005, section 27 states that absolute privilege applies to all evidence given before a Tribunal, which means that this information cannot be used in a defamation claim. Schedule 1 of the Act states that absolute privilege also extends to expert reviewer reports as well as all other information given to or produced by the Commission in the course of its complaint handling functions.
