Liability for publicising disciplinary action

Section 155 of the Legal Profession Uniform Law Application Act 2014 provides as follows:

(1) No liability is incurred by a protected person in respect of anything done or omitted to be done in good faith for the purpose of:

(a)  publicising disciplinary action taken against a lawyer, or

(b)  exercising the powers or functions of the NSW Commissioner or a Council under sections 151-153, or

(c)  keeping, publishing or enabling access to the Register of Disciplinary Action.

(2) Without limiting subsection (1), no liability (including liability in defamation) is incurred by a person publishing in good faith:

(a)  information about disciplinary action:

(i)  recorded in the Register of Disciplinary Action, or     

(ii)  otherwise publicised by the NSW Commissioner or a Council under this Part,

or matter purporting to contain information of that kind where the matter is incorrect in any respect, or       

(b)  a fair report or summary of that information.

(3) In this section:

protected person means:

    (a)  the State, or

(b)  the NSW Commissioner, or

(c)  a Council, or

(d)  a person responsible for keeping the whole or any part of the Register of Disciplinary Action, or

(e)  an internet service provider or internet content host, or

(f)  a member of staff of or a person acting at the direction of an authority of the State or any person or body referred to in this definition.