Defamation (Model Provisions) and Other Legislation Amendment Bill 2021

Supported the bill's reforms to defamation laws, sharing a constituent's experience of a SLAPP lawsuit and highlighting the Queensland Ombudsman's criticism of Redland City Council's unreasonable threats of defamation action against residents.

“Along with many in my community who have been adversely affected by defamation laws in the past, I fully support the bill and I commend it to the House.”— 2021-06-16View Hansard

As Attorney-General, moved the bill and outlined its objectives to modernise defamation laws, protect reputations from serious harm while encouraging responsible free speech, and ensure Queensland maintains uniformity with other Australian jurisdictions.

“The amendments to the Defamation Act and the Limitation of Actions Act are about protecting Queenslanders. The amendments will allow for freedom of expression; they will allow for modern media reporting, open and transparent reporting, in our state; and, especially, they will protect individuals from reputational harm.”— 2021-06-15View Hansard

Supported the bill's amendments to address the multiple publication rule and modernise defamation provisions for digital publications, while also supporting the Heavy Vehicle National Law amendments.

“I commend the bill to the House.”— 2021-06-16View Hansard

As shadow Attorney-General, supported the bill while criticising the government for delays in introducing it. Provided extensive historical context on defamation law and noted the reforms are welcome but questioned whether they will achieve their stated aims based on UK experience.

“In conclusion, these laws are welcome and seek to improve the operation of the law of defamation, a law often bewildering in its complexity and frustrating in its application—a law that is less the result of considered position than it is a patchwork of cases and legislation framed over the centuries and applied with degrees of inconsistency and confusion.”— 2021-06-15View Hansard

Supported the bill as modernising defamation laws to balance freedom of expression with protection of reputation, including the serious harm threshold and new defences for public interest and academic peer review.

“These amendments strike a better balance between the need to provide fair remedies for a person whose reputation is harmed by a publication and the need to ensure defamation law does not place unreasonable limits on freedom of expression, particularly about matters of public interest.”— 2021-06-16View Hansard

Supported the bill as a committee member, emphasising the importance of uniformity across Australian jurisdictions and the extensive consultation process undertaken over two years.

“The department clarified to the committee why it is important that jurisdictions achieve and maintain defamation law uniformity. The department stated that it is 'based on the fact that it is commonplace for the same matter to be published in more than one Australian jurisdiction and it is important for potential plaintiffs and publishers to know their rights and limitations under defamation law, without having to consider differing state and territory laws'.”— 2021-06-15View Hansard

Supported the bill's uniform defamation laws across jurisdictions and welcomed the second stage review of defamation laws relating to digital platforms, while also raising concerns about the National Heavy Vehicle Regulator permit system.

“As a representative whose electorate shares boundaries with two states, New South Wales and South Australia, I am pleased the state jurisdictions came together on this matter.”— 2021-06-16View Hansard

As deputy chair of the Legal Affairs and Safety Committee, supported the bill while criticising the government for delays. Echoed stakeholder concerns that the serious harm provision may not reduce litigation and could increase legal costs.

“Whilst most of the amendments in this bill are positive, this should not overshadow the dangerous path taken to introduce significant changes without proper oversight. To this end, I note that the reform of defamation law in Queensland is an ongoing process, a process which Queensland is lagging behind in.”— 2021-06-15View Hansard

Supported the bill as balancing freedom of speech with protection of reputation, criticising the member for Currumbin's claims about other jurisdictions and highlighting Queensland's history of misuse of defamation laws under Bjelke-Petersen.

“At the core of this issue is freedom of speech and the need for our community to have access to accurate information but also the protection of people from the danger of words.”— 2021-06-16View Hansard

Supported the bill, emphasising Queensland's commitment to maintaining uniform defamation laws and the importance of the serious harm threshold in discouraging trivial claims.

“Queensland's commitment to the Model Defamation Amendment Provisions helps ensure a continuity of defamation laws in Australia. Because it is common for subject matter to be published in more than one Australian jurisdiction, it is vital that plaintiffs and publishers know their rights and limitations under defamation law without complications arising from potential differing state and territory laws.”— 2021-06-15View Hansard

Supported the bill's amendments including the single publication rule, serious harm threshold, new public interest defence and peer review defence, noting the effectiveness will depend on court interpretation.

“The passage of this bill, as other members have mentioned, will allow for consistency across Australian jurisdictions.”— 2021-06-16View Hansard

Supported the bill as an Independent, noting the importance of updating defamation laws for the digital age while questioning whether it will achieve consistency and suggesting future reform through the Commonwealth may be preferable.

“While I support this bill, I question if this legislation will achieve the desired consistency and consider the issue raised by some submitters regarding whether a future process should be done through the Commonwealth to ensure uniform and appropriate defamation laws throughout Australia.”— 2021-06-15View Hansard

As Minister for Transport and Main Roads, supported the Heavy Vehicle National Law amendments in the bill to repeal provisions that would create unintended adverse enforcement outcomes for PBS vehicles.

“The repeal of sections 10 and 11 is strongly supported by both industry and jurisdictions.”— 2021-06-16View Hansard

As a committee member, supported the bill and explained key provisions including the single publication rule, serious harm element, and concerns notice requirements designed to resolve disputes before reaching court.

“Having spent quite a deal of time in the courts myself, yes, there are people who want their day in court, but overall parties usually on both sides just want a satisfactory outcome, delivered efficiently and with minimal stress.”— 2021-06-15View Hansard

Supported the bill's commonsense and uniform approach to defamation laws including the serious harm amendments and the new defence for peer reviewed academic and scientific work.

“Better protecting researchers, academics and scientists from defamation or the fear of it so they can publish their thoughts on pieces of research is so important to producing the best possible outcomes in these fields.”— 2021-06-16View Hansard

Supported the bill and called for stronger action against cyberbullying and online defamation. Emphasised the damage caused by keyboard warriors on social media and urged monitoring of the reforms for unintended consequences.

“It is vitally important that Commonwealth, state and territory jurisdictions seize this opportunity to implement comprehensive policy reform, particularly with respect to the severe damage that can be caused by—and indeed, enabled through—cyberbullying via social media and online channels.”— 2021-06-15View Hansard

Supported the bill's key reforms including the serious harm threshold, concerns notice requirement, public interest defence and academic peer review defence.

“I commend this important bill to the House.”— 2021-06-16View Hansard

Supported the bill, noting Australia is becoming more litigious and emphasising the importance of national consistency in defamation laws while protecting individuals' reputations.

“A person's reputation can be the most valuable possession they own. All of us here would want our reputations protected from harm and would want to be able to take action when required to protect them.”— 2021-06-15View Hansard

Supported the bill as limiting misuse of defamation laws by wealthy litigants, endorsing the serious harm threshold and public interest defence, and criticising high-profile politicians like Dutton, Laming, Barilaro, Roberts-Smith and Porter for using defamation to silence critics.

“In simple terms, if you wield power and authority you should expect robust scrutiny and critique, including in the public arena.”— 2021-06-16View Hansard

Supported the bill while criticising the government for delays, noting the legislation needs to pass by 1 July. Emphasised the need to reduce frivolous defamation cases without restricting free speech.

“If somebody feels that they have been deliberately defamed, they should have the right to prosecute and have the record corrected. Unfortunately, we are seeing an increase in cases that are based on little evidence and are intended to inflict public humiliation and embarrassment to the intended victim.”— 2021-06-15View Hansard

Strongly supported the bill while sharing his personal experience of receiving four defamation concerns notices from LNP members and supporters, criticising the LNP for hiding behind defamation lawyers when facing public scrutiny.

“It is the party of supposed free speech that hides behind defamation lawyers. When we call out their bad behaviour and call out their public policies they hide behind lawyers and send me concerns notices.”— 2021-06-16View Hansard

As Attorney-General, replied in support of the bill implementing model defamation provisions to ensure uniformity across Australia, provide clarity to courts and media, and balance freedom of expression with reputation protection.

“Nonetheless, despite the constant negativity from those opposite, it is once again a Labor government implementing reform in Queensland for the benefit of Queenslanders.”— 2021-06-16View Hansard