Defamation (Reputational Harm) and Bodies Corporate in Queensland

Nicole Wilde
May 21
3 min read

In Queensland, body corporates are responsible for managing shared property in community titles schemes. Committee members, often volunteers, are tasked with making decisions that affect the entire community. But what happens when disputes arise and words are exchanged? Can a lot owner, committee member or body corporate manager be sued for defamation?

Best Practice Guide for Committee Members

For the reasons set out below, to minimise the risk of your Body Corporate or individual committee members being sued for defamation:

Stick to the facts: Avoid personal commentary or speculation on disputes that arise
Limit distribution: Share sensitive information only with relevant parties
Use formal channels: Keep records and follow the procedures under the regulations
Rely on Section 111A: When publishing required material, understand your legal protections
Seek legal advice: Especially when dealing with contentious issues

Let’s explore how Queensland’s defamation laws intersect with body corporate governance—and the limited protections and common law defences that exist.

Understanding Defamation in Queensland

Defamation in Queensland is governed by the Defamation Act 2005 (Qld). A person may bring a defamation claim if:

A statement is published to a third party;
The statement identifies a person (directly or indirectly);
The statement about the person is defamatory (i.e., it harms their reputation).

This applies to both written and spoken communications, including committee member correspondence, emails, meeting minutes.

Common Law Defences to Defamation

Common law defences to defamation are summarised below:

Truth (Justification): If the statement is true and provable
Honest Opinion: If clearly an opinion based on proper material
Qualified Privilege: Communications made in the course of official duties, without malice

However, these defences are not automatic and require legal argument and evidence.

Limited Statutory Protection for Committee Members required to circulate defamatory material from a lot owner within a notice of general meeting: Section 111A

Section 111A of the Body Corporate and Community Management Act 1997 (Qld) provides committee members with statutory immunity from defamation liability in the specific circumstance when the committee publishes required material for a general meeting under the relevant regulation module, and that material (usually from another lot owner submitting a general meeting motion) contains defamatory content.

Who is Protected by the limited statutory protection?

The body corporate
The committee or its members, except the member (lot owner) who submitted the motion or explanatory note containing the defamatory matter

This means that if defamatory content is included in a motion or explanatory note submitted by a lot owner (not the committee), and the committee publishes it as required for a general meeting, the committee and body corporate are not liable—unless a committee member was the one who submitted the defamatory content to be included in the notice of general meeting.

What is “Required Material” for the purposes of section 111A?

“Required material” includes:

Motions submitted by lot owners (not the committee)
Explanatory notes prepared by the submitter

This provision recognises that committees are often legally obligated to publish defamatory material from lot owners, even if it contains controversial or potentially defamatory content.

Limited Insurance

If a Body Corporate obtains office bearer's liability insurance for legal defence expenses in the event a committee member is sued personally in the course of their duties, often there is a 'carve out' provision in the policy wording that means the insurance doesn't apply if the committee member is sued for defamation.

Conclusion

By understanding these protections and communicating with care, committee members can confidently fulfil their roles while safeguarding their reputations.