Australian Capital Territory
Protection of Public Participation Act 2008
A2008-48
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	2
	4	Notes	2
	5	Purpose of Act	2
	6	Meaning of improper purpose	3
	7	Meaning of public participation	3
	8	Application of Act	4
	9	Civil penalty	5
	10	Regulation-making power	5
	11	Review of Act	6
Dictionary		7

Australian Capital Territory
Protection of Public Participation Act 2008
A2008-48

An Act about protection for participation in public debate and matters of public interest

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Protection of Public Participation Act 2008.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘improper purpose—see section 6.’ means that the term ‘improper purpose’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Purpose of Act
The purpose of this Act is to protect public participation, and discourage certain civil proceedings that a reasonable person would consider interfere with engagement in public participation.
6	Meaning of improper purpose
For this Act, a proceeding is started or maintained against a person (the defendant) for an improper purpose if a reasonable person would consider that the main purpose for starting or maintaining the proceeding is—
	(a)	to discourage the defendant (or anyone else) from engaging in public participation; or
	(b)	to divert the defendant's resources away from engagement in public participation to the proceeding; or
	(c)	to punish or disadvantage the defendant for engaging in public participation.
7	Meaning of public participation
	(1)	In this Act:
public participation means conduct that a reasonable person would consider is intended (in whole or part) to influence public opinion, or promote or further action by the public, a corporation or government entity in relation to an issue of public interest.
	(2)	However, public participation does not include conduct—
	(a)	that contravenes a court order or constitutes contempt of court; or
	(b)	that constitutes unlawful vilification under the Discrimination Act 1991; or
	(c)	that causes, or is reasonably likely to cause, physical injury or damage to property; or
	(d)	that constitutes unlawful entry at residential premises; or
	(e)	that constitutes an offence punishable by imprisonment for longer than 12 months; or
	(f)	if—
	(i)	the conduct is communication by a party to an industrial dispute between an employer and employee, former employee, contractor or agent; and
	(ii)	the communication relates to the subject matter of the dispute; or
	(g)	that constitutes the advertising of goods or services for commercial purposes; or
	(h)	that incites others to engage in conduct mentioned in paragraphs (a), (b), (c), (d) or (e).
	(3)	Subsection (2) applies in relation to a person’s conduct whether or not the person has been convicted or found guilty of an offence for the conduct.
8	Application of Act
	(1)	This Act applies in relation to a civil proceeding in the Supreme Court or Magistrates Court in which the plaintiff may claim damages.
	(2)	However, this Act does not apply in relation to any of the following:
	(a)	a cause of action for defamation;
	(b)	a proceeding prescribed by regulation;
	(c)	a proceeding that is started in the Supreme Court or Magistrates Court before the day this Act commences.
	(3)	Subsection (2) (c) and this subsection expire 1 year after the day this Act commences.
9	Civil penalty
	(1)	This section applies if—
	(a)	a person (the plaintiff) starts or maintains a proceeding to which this Act applies against someone else (the defendant) in relation to the defendant’s conduct; and
	(b)	the court is satisfied that—
	(i)	the defendant’s conduct is public participation; and
	(ii)	the proceeding is started or maintained against the defendant for an improper purpose.
	(2)	The court may order the plaintiff to pay to the Territory a financial penalty of not more than the amount (if any) prescribed by regulation.
	(3)	The financial penalty must be worked out in accordance with a regulation.
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177 and Court Procedures Act 2006, s 20, def judgment and s 31).
	(4)	The court may make an order under subsection (2)—
	(a)	on application by the Territory; or
	(b)	on its own initiative.
Note	If a proceeding is for an improper purpose, the court’s power to award costs of the proceeding includes power to order that the costs be assessed on an indemnity basis (see Court Procedures Rules 2006, r 1752).
10	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
11	Review of Act
	(1)	The Minister must review the operation of this Act as soon as practicable after 1 January 2012.
	(2)	The Minister must present a report of the review to the Legislative Assembly within 3 months after the day the review is started.
	(3)	This section expires on 1 January 2014.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	Magistrates Court
·	must (see s 146)
·	proceeding
·	Supreme Court
·	under.
conduct includes communication.
government means the Territory, the Commonwealth, a State, another Territory or a local government of a State.
government entity includes—
	(a)	an instrumentality, officer or employee of the government; and
	(b)	a contractor or anyone else who exercises a function on behalf of the government.
improper purpose—see section 6.
public participation—see section 7.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 9 April 2008.
2	Notification
	Notified under the Legislation Act on 11 September 2008.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Protection of Public Participation Bill 2008, which was passed by the Legislative Assembly on 27 August 2008. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2008