Tuesday, September 29, 2020

Body Corporate And Community Management Act 1997

Chapter 6
Part 12
Division 2
Section 296

Privilege | Section 296

(1)In this section—

adjudication includes action taken in making arrangements for an adjudication or in the follow-up of an adjudication.

specialist conciliation session includes action taken for making arrangements for a specialist conciliation session or in the follow-up of the session.

specialist mediation session includes action taken for making arrangements for a specialist mediation session or in the follow-up of a mediation session.

(2)Subject to subsection (3), the like privilege that exists with respect to defamation for a proceeding before the Supreme Court, and a document produced in the proceeding, exists for—

(a)an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or

(b)a document or other material—

(i)sent or given to a person, or produced at a place—

(A)for enabling a dispute resolution recommendation to be made; or

(B)for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or

(ii)produced in an adjudication or at a department conciliation session, specialist conciliation session or specialist mediation session; or

(c)a statement made to the commissioner or a dispute resolution officer—

(i)for enabling a dispute resolution recommendation to be made; or

(ii)for an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session.

(3)The privilege conferred by subsection (2) does not extend to a publication made otherwise than—

(a)at an adjudication or a department conciliation session, specialist conciliation session or specialist mediation session; or

(b)as provided by subsection (2)(b) or (c).

© Sourced from the Queensland Legislation website at 1 April 2020. For the latest information on Queensland Government legislation please go to https://www.legislation.qld.gov.au.

Disclaimer: Reproduced from the Body Corporate and Community Management Act 1997. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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