Commissioner for Older People (Wales) Act 2006

19Protection against defamation

This section has no associated Explanatory Notes

(1)For the purposes of the law of defamation, the following are absolutely privileged—

(a)the publication of a matter by the Commissioner in a report made under regulations made under section 15 or paragraph 8 of Schedule 1;

(b)the publication in communications between the Commissioner and the Public Services Ombudsman for Wales or another ombudsman of a matter which the Commissioner is permitted to disclose to that ombudsman by virtue of subsection (3)(a) of section 18;

(c)the publication in communications from the Commissioner to a person mentioned in subsection (3) of a matter in connection with an examination by the Commissioner into a case under regulations made under section 10.

(2)For the purposes of the law of defamation, the publication in communications from a person mentioned in subsection (3) to the Commissioner of a matter in connection with an examination by the Commissioner into a case under regulations made under section 10 has qualified privilege.

(3)The persons referred to in subsections (1)(c) and (2) are—

(a)the person whose case is being examined;

(b)a person whose conduct is the subject of the examination;

(c)a person with whom the Commissioner is communicating for the purpose of obtaining information about the case; and

(d)a person acting on behalf of a person falling within paragraphs (a) to (c).

(4)In this section “other ombudsman” has the same meaning as in section 17.